Notice of Motion To Strike Form

[Attorney name] [Address] [Telephone number] Attorney for [e.g., Defendant], [name] xxx Court, County of xxx [xxx District] xxxxxx ) No. xxx Plaintiff(s) ) vs. ) NOTICE OF MOTION TO STRIKE ) [E.G., COMPLAINT]; xxxxxx ) [POINTS AND AUTHORITIES;] Defendant(s) ) [DECLARATION(S);] ____________________________) [PROPOSED ORDER] Hearing: [date; time] Department: xxx [Estimated length: ] Trial Date: [if set] PLEASE TAKE NOTICE that [e.g., defendant], [name], moves the Court under Code of Civil Procedure sections 435-436 for an order to strike [Option 1: Entire pleading] the [e.g., complaint] filed by [name]. [Option 2: Cause of action, count, defense, or paragraph] the [e.g., first] [cause of action/count/defense/paragraph] in the [complaint/answer to the cross-complaint] filed by [name], beginning at page , line , and ending at page , line . [Option 3: Particular sentences, clauses, or words] the following from the [e.g., complaint]: 1. From page , line , through page , line , the words [quote words to be stricken]. 2. [Identify page and line numbers of additional words to be stricken]. The grounds for issuance of this order are that the [e.g., complaint, answer to the cross-complaint, matter specified above, first cause of action, second defense] [state ground]. The Court is located at [address]. This motion is based on the attached documents and exhibits including [specify by title (or nature) and date, e.g., the declaration of [name], dated xxx], [and] on all papers filed and records in this action [, and on any evidence received at the hearing]. Date: xxxx _____________________ [Typed name] Attorney for xxxxxx