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Exercise Extreme Caution when using many of our free forms - or any legal material. While they may provide general ideas on format & content, validity requirements can and do vary greatly from state to state. Many MUST be Properly Modified for your own location and circumstances. (Hint: If in doubt it's usually safer to include unneeded clauses than to leave out necessary ones. . . . but it's even safer to consult a competent source or use current, state specific ones like ours mentioned below.) Also, we urge people (and lawyers too) to read our Relying On Legal Info FAQ.

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[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

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Relevant Laws We STRONGLY SUGGEST Checking Out
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