1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

7
Superior Court of the State of California
8
For the County of __________________
9

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiffs ) NOTICE OF MOTION AND MOTION TO STRIKE
) PORTIONS OF COMPLAINT; MEMORANDUM
13 vs. ) OF POINTS AND AUTHORITIES; DECLARATION
) OF _________ REGARDING COMPLIANCE
14 Any Defendant, ) WITH MEET AND CONFER REQUIREMENTS OF
) CODE OF CIVIL PROCEDURE § 435.5(a)
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
17 )
)
18 )
)
19 )

20 TO _____________________________________________AND THEIR ATTORNEYS OF

21
RECORD:
22
PLEASE TAKE NOTICE that on __________ at ___.M, or as soon thereafter as the matter
23
may be heard, in Department ___ of the above entitled court, located at
24

25 ______________________________Defendants, (“Defendants”) will and hereby do move this Court

26 for an order striking portions of the Complaint of Plaintiffs (“Plaintiff”), on file herein, namely the
27
portions on LIST HERE THE PAGE NUMBER, PARAGRAPH NUMBER AND THE LINE
28

- 1 -
NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE PORTIONS OF COMPLAINT
 1 NUMBERS OF THE PORTIONS TO BE STRICKEN AND INCLUDING THE EXACT
2 WORDING THAT YOU WANT STRICKEN SUCH AS:
3
1. The FAC in its entirety on the grounds that that it is a sham pleading only filed to exert
4
pressure on Defendant ___________ by attempting to impose personal liability on them to extract a
5

6
settlement.

7 2. For an ordering striking portions of the (FAC), namely the portion on page 2 of the

8 FAC at paragraph 3 at lines 11 through 14.

9
3. The portion on page 2 of the FAC at paragraph 5 at lines 23 through 26.
10
4. The portion on page 3 of the FAC at paragraph 7 at lines 5 through 18.
11
5. The portion on page 3 of the FAC at paragraph 8 at lines 19 through 28.
12

13 6. The portion on page 4 at paragraph 8 at line 1.

14 7. The portions on page 6 of the FAC at paragraph 20 at lines 11 through 16, and
15
paragraph 21 at lines 17 through 25.
16
8. The portion on page 15 of the FAC at paragraph 73 at lines 26 through 28 and page 16
17
at paragraph 73 at lines 1 through 6.
18

19 9. The request for exemplary and punitive damages in the prayer portion on page 17 of

20 the FAC at line 8 where it requests “For exemplary and punitive damages.”
21
10. The prayer portion of the complaint on page __ at Item __ where it requests “For an
22
award of attorney’s fees.”
23
The grounds for this Motion to Strike are set forth below.
24

25 MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT

26 This Motion to Strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds
27
that the FAC should be stricken in its entirety on the grounds that it is a sham pleading only filed to
28

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NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE PORTIONS OF COMPLAINT
 1 exert pressure on Defendant ______ by attempting to impose personal liability on them to extract a
2 settlement, Plaintiff has failed to allege sufficient facts to entitle them to an award of punitive and
3
exemplary damages, the alter ego allegations which appear through the FAC are factually devoid and
4
in fact are merely generic boilerplate allegations which are insufficient to support an alter ego claim,
5

6
and that the FAC requests attorney’s fees even though there are no allegations contained in the FAC

7 that support an award of attorney’s fees.

8 1. The portion on LIST HERE THE PAGE NUMBER, PARAGRAPH NUMBER

9
AND THE LINE NUMBERS OF THE PORTIONS TO BE STRICKEN AND INCLUDING
10
THE EXACT WORDING THAT YOU WANT STRICKEN SUCH AS: The FAC in its entirety
11
on the grounds that that it is a sham pleading only filed to exert pressure on Defendant _____ by
12

13 attempting to impose personal liability on them to extract a settlement.

14 2. For an ordering striking portions of the (FAC), namely the portion on page 2 of the
15
FAC at paragraph 3 at lines 11 through 14.
16
3. The portion on page 2 of the FAC at paragraph 5 at lines 23 through 26.
17
4. The portion on page 3 of the FAC at paragraph 7 at lines 5 through 18.
18

19 5. The portion on page 3 of the FAC at paragraph 8 at lines 19 through 28.

20 6. The portion on page 4 at paragraph 8 at line 1.

21
To purchase the entire 18 page document visit:
22

23 https://legaldocspro.myshopify.com/products/sample-motion-to-strike-
24
alter-ego-allegations-in-california
25

26

27

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NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE PORTIONS OF COMPLAINT