1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION TO STRIKE AND MOTION
) TO STRIKE COMPLAINT; MEMORANDUM OF
13 vs. ) POINTS AND AUTHORITIES
)
14 Any Defendant, and DOES 1-5 ) DATE:
) TIME:
15 Defendants. ) DEPT:
)
16 )
)
17

18

19
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address.
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24 To download and purchase a California eviction document

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26
collection containing over 30 sample documents including a motion to
27
strike at a huge discount visit:
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- 1 -
NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE COMPLAINT
 1 http://legaldocspro.net/california-eviction-litigation-document-package/
2

3
Be sure to remove these notices before using this document.
4
TO PLAINTIFF, _________________ AND THEIR ATTORNEYS OF RECORD:
5

6 PLEASE TAKE NOTICE that on _____________, at ______________.M. or as soon after

7 that as the matter can be heard, in Department ___ of the above-entitled court located at
8
____________________________________________, Defendant, _________________
9
(hereinafter referred to as Moving Defendant) will move this Court for an order striking the entire
10
Complaint of Plaintiff, ______________________ (Plaintiff) on the grounds that the Complaint is
11

12 not verified as required by Code of Civil Procedure 1166(a)(1), the verification of the Complaint is

13 signed by the attorney for Plaintiff and is not in accordance with Code of Civil Procedure 446, in
14 the alternative this Moving Defendant will further move this Court for an order striking certain
15
portions of the Complaint of Plaintiff, on file herein, namely the portions on Page 3 of the complaint,
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paragraph 12 where there is an allegation that defendants continued possession is malicious,
17

18
paragraph 17(c) where there is a request for past due rent of $____, paragraph 17(d) where it alleges

19 that the lease or rental agreement provides for attorney fees even though the copy of the lease

20 attached to the complaint does not contain a provision for attorney fees, paragraph 17(f) where there
21
is a request for damages from ____ at the rate of ____ per day, paragraph 17(g) where there is a
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request for statutory damages up to $600.00 for the conduct alleged in item 12, and paragraph 17(h)
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where there is a request for an alleged balance owing on a security deposit. The grounds for this
24

25 Motion to Strike are set forth below.

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27

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NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE COMPLAINT
 1 Be sure to modify these paragraphs to suit your individual
2

3
situation. Do NOT just use the wording here unless it definitely applies
4
to your particular situation.
5

6
MOTION TO STRIKE PLAINTIFFS COMPLAINT

7 This Motion to Strike is made pursuant to Code of Civil Procedure 435-437 on the grounds
8 that the complaint is not verified as required by Code of Civil Procedure 1166(a)(1), and therefore
9
the entire complaint should be stricken, on the grounds that the Complaint is not verified as required
10
by Code of Civil Procedure 1166(a)(1), the verification of the Complaint is signed by the attorney
11
for Plaintiff and is not in accordance with Code of Civil Procedure 446, thus the entire complaint
12

13 should be stricken, and further that the complaint requests rent and damages even though the three-

14 day notice attached to the complaint does not request any rent or damages, the complaint requests an
15
alleged balance of a security deposit even though the three-day notice attached to the complaint does
16
not request any security deposit, and further that the complaint requests additional statutory damages
17
on the grounds that defendants continued possession is malicious even though there are no
18

19 allegations made of any such conduct in the complaint and the complaint requests attorney fees even

20 though there are no provisions in the lease or rental agreement that provide for attorney fees.
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1. The entire complaint on the grounds that the complaint is not verified as required by
22
Code of Civil Procedure 1166(a)(1), and therefore the entire complaint should be stricken.
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2. The entire complaint on the grounds that the verification of the Complaint is signed by
24

25 the attorney for Plaintiff and is not in accordance with Code of Civil Procedure 446, thus the entire

26 complaint should be stricken

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NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE COMPLAINT
 1 3. The portion at paragraph 12 where there is an allegation that defendants continued
2 possession is malicious even though there are no allegations made of any such
3
conduct in the complaint and there is no attachment 12 to the complaint supporting the allegation.
4
4. The portion at paragraph 17(c) where there is a request for past due rent of
5

6
$____, even though the three-day notice attached to the complaint does not request any

7 rent or damages.

8 5. The portion at paragraph 17(d) where it alleges that the lease or rental agreement
9
provides for attorney fees even though the copy of the lease attached to the complaint does not
10
contain a provision for attorney fees.
11
6. The portion at paragraph 17(f) where there is a request for damages from
12

13 _____ at the rate of $____ per day, even though the three-day notice attached to the

14 complaint does not request any rent or damages.

15
7. The portion at paragraph 17(g) where there is a request for statutory damages up
16
to $600.00 for the conduct alleged in item 12, even though there are no allegations made of any such
17
conduct in the complaint and there is no attachment 12 to the complaint supporting the allegation.
18

19 8. The portion at paragraph 17(h) where there is a request for an alleged balance

20 owing on a security deposit, even though the three-day notice attached to the complaint does
21
not request any security deposit.
22
9. The prayer portion of the complaint on page __ where it requests For an award of
23
attorneys fees.
24

25 Be sure to modify these paragraphs to suit your individual

26
situation. Do NOT just use the wording here unless it definitely applies
27

28 to your particular situation. Remember that if the complaint is not

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NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE COMPLAINT
 1 verified then it is subject to a motion to strike, or if the complaint
2

3
requests rent and damages, and the notice you received did not request
4
any rent or damages then it is subject to a motion to strike. Also if
5

6 paragraph 13 on the complaint is NOT checked stating a written

7
agreement between the parties provides for attorney fees, but the box at
8

9 paragraph 17(d) is checked asking for attorney fees then that is also
10

11
grounds for a motion to strike.
12 This motion to strike is based upon this notice and the attached motion to strike, the
13
memorandum of points and authorities in support thereof, served and filed herewith, the complete
14
court records on file in this action and upon such other further written or oral evidence as may be
15
presented at the time of hearing of this motion.
16

17

18 Dated________________ _____________________________________________
Any Attorney or Party
19

20 To purchase the entire 15 page document visit:

21 https://legaldocspro.myshopify.com/products/sample-motion-to-strike-
22
for-unlawful-detainer-eviction-in-california
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NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE COMPLAINT