Of the Pleadings in Civil ActionsMotion to Strike

Section § 435

Explanation

This section mainly deals with what legal documents parties can challenge in court. A 'complaint' includes any cross-complaints, and 'pleadings' are official documents like a demurrer (an objection), an answer, or a complaint. Legal parties can file a motion to strike, meaning they can ask the court to remove parts or the entire complaint or answer within a set time. This includes specifying a hearing date following certain rules. Filing such a motion doesn't extend the timeframe for filing objections (demurrers) unless done together. Additionally, merely filing a motion to strike gives more time to respond without risking a default judgment. This motion to strike can also be linked with another specific type of motion under different rules.

(a)CA Civil Procedure Code § 435(a) As used in this section:
(1)CA Civil Procedure Code § 435(a)(1) The term “complaint” includes a cross-complaint.
(2)CA Civil Procedure Code § 435(a)(2) The term “pleading” means a demurrer, answer, complaint, or cross-complaint.
(b)Copy CA Civil Procedure Code § 435(b)
(1)Copy CA Civil Procedure Code § 435(b)(1) Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof, but this time limitation shall not apply to motions specified in subdivision (e).
(2)CA Civil Procedure Code § 435(b)(2) A notice of motion to strike the answer or the complaint, or a portion thereof, shall specify a hearing date set in accordance with Section 1005.
(3)CA Civil Procedure Code § 435(b)(3) A notice of motion to strike a demurrer, or a portion thereof, shall set the hearing thereon concurrently with the hearing on the demurrer.
(c)CA Civil Procedure Code § 435(c) If a party serves and files a notice of motion to strike without demurring to the complaint, the time to answer is extended and no default may be entered against that defendant, except as provided in Sections 585 and 586.
(d)CA Civil Procedure Code § 435(d) The filing of a notice of motion to strike an answer or complaint, or portion thereof, shall not extend the time within which to demur.
(e)CA Civil Procedure Code § 435(e) A motion to strike, as specified in this section, may be made as part of a motion pursuant to subparagraph (A) of paragraph (1) of subdivision (i) of Section 438.
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Section § 435.5

Explanation

Before trying to remove (or 'strike') parts of a legal document, you must talk to the other party to see if an agreement can be reached. This meeting can happen in person, by phone, or video. If you can't agree, you must try to meet at least five days before filing the motion, or you'll get an automatic 30-day extension. When you do file the motion, a statement must be included saying who talked to whom, what was discussed, and if an agreement was reached or not. Courts won't decide if a motion is valid just because the meeting wasn't good enough. Also, if the court allows changes to a document, they might require another meeting before any further strikes or changes happen. Some cases, like those involving renters or trials starting soon, aren't covered by these rules. Lastly, a document can only be changed three times without the need for extra facts each time, and if a motion is denied, you can still appeal later.

(a)CA Civil Procedure Code § 435.5(a) Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion to strike the amended pleading.
(1)CA Civil Procedure Code § 435.5(a)(1) As part of the meet and confer process, the moving party shall identify all of the specific allegations that it believes are subject to being stricken and identify with legal support the basis of the deficiencies. The party who filed the pleading shall provide legal support for its position that the pleading is legally sufficient, or, in the alternative, how the pleading could be amended to cure any legal insufficiency.
(2)CA Civil Procedure Code § 435.5(a)(2) The parties shall meet and confer at least 5 days before the date a motion to strike must be filed. If the parties are unable to meet and confer at least 5 days before the date the motion to strike must be filed, the moving party shall be granted an automatic 30-day extension of time within which to file a motion to strike, by filing and serving, on or before the date a motion to strike must be filed, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the motion to strike was previously due, and the moving party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause.
(3)CA Civil Procedure Code § 435.5(a)(3) The moving party shall file and serve with the motion to strike a declaration stating either of the following:
(A)CA Civil Procedure Code § 435.5(a)(3)(A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion to strike, and that the parties did not reach an agreement resolving the objections raised by the motion to strike.
(B)CA Civil Procedure Code § 435.5(a)(3)(B) That the party who filed the pleading subject to the motion to strike failed to respond to the meet and confer request of the moving party or otherwise failed to meet and confer in good faith.
(4)CA Civil Procedure Code § 435.5(a)(4) A determination by the court that the meet and confer process was insufficient shall not be grounds to grant or deny the motion to strike.
(b)CA Civil Procedure Code § 435.5(b) A party moving to strike a pleading that has been amended after a motion to strike an earlier version of the pleading was granted shall not move to strike any portion of the pleadings on grounds that could have been raised by a motion to strike as to the earlier version of the pleading.
(c)Copy CA Civil Procedure Code § 435.5(c)
(1)Copy CA Civil Procedure Code § 435.5(c)(1) If a court grants a motion to strike and grants leave to amend, the court may order a conference of the parties before an amended pleading, or a motion to strike an amended pleading, may be filed. If the conference is held, the court shall not preclude a party from filing a motion to strike and the time to file a motion to strike shall not begin until after the conference has concluded.
(2)CA Civil Procedure Code § 435.5(c)(2) This section does not prohibit the court from ordering a conference on its own motion at any time or prevent a party from requesting that the court order that a conference be held.
(d)CA Civil Procedure Code § 435.5(d) This section does not apply to any of the following:
(1)CA Civil Procedure Code § 435.5(d)(1) An action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution.
(2)CA Civil Procedure Code § 435.5(d)(2) A proceeding in forcible entry, forcible detainer, or unlawful detainer.
(3)CA Civil Procedure Code § 435.5(d)(3) A special motion brought pursuant to Section 425.16.
(4)CA Civil Procedure Code § 435.5(d)(4) A motion brought less than 30 days before trial.
(e)Copy CA Civil Procedure Code § 435.5(e)
(1)Copy CA Civil Procedure Code § 435.5(e)(1) In response to a motion to strike and before the case is at issue, a pleading shall not be amended more than three times, absent an offer to the trial court of additional facts to be pleaded that, if pleaded, would result in a reasonable possibility that the defect can be cured. The three-amendment limit does not include an amendment made without leave of the court pursuant to Section 472, if the amendment is made before a motion to strike as to the original pleading is filed.
(2)CA Civil Procedure Code § 435.5(e)(2) This section does not affect the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue.
(f)CA Civil Procedure Code § 435.5(f) This section does not affect appellate review or the rights of a party pursuant to Section 430.80.
(g)CA Civil Procedure Code § 435.5(g) If a motion to strike is denied and the pleading is not further amended, the moving party preserves its right to appeal after final judgment without filing a further motion to strike.
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Section § 436

Explanation

This law allows a court to remove any irrelevant, false, or improper information from formal legal documents if someone requests it or if the court decides to do so on its own. It also enables the court to eliminate parts of documents that don't follow the state's rules, court rules, or a judge's directive.

The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper:
(a)CA Civil Procedure Code § 436(a) Strike out any irrelevant, false, or improper matter inserted in any pleading.
(b)CA Civil Procedure Code § 436(b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.
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Section § 437

Explanation

This law explains when you can ask a court to remove certain parts of a legal document (known as a 'motion to strike'). It must be obvious why the removal is requested either from the document itself or from information the court can officially recognize. If the request is based on information the court can recognize, you need to clearly state this information in your request paperwork, unless the court says otherwise.

(a)CA Civil Procedure Code § 437(a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.
(b)CA Civil Procedure Code § 437(b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit.
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