Newport Beach, Orange County Civil Litigation Lawyer

Newport Beach Civil Lawyer.
Do you need the assistance of an Orange County Civil Lawyer? Our attorney is experienced in civil law and can assist you with all of your civil law needs including, general civil litigation. Our Orange County Civil Attorney Lawyer can help.

What is a Demurer in a a civil lawsuit? Do you need the assistance of an attorney with a civil litigation matter? Our Orange County lawyer can help you with your legal problem.

What is a Motion for Summary Judgement? Do you need the help of an attorney with a civil litigation matter in Orange County, California? Our lawyer can help.

What is discovery in a civil lawsuit? Do you need the assistance of an attorney with a discovery related legal issues? Our Orange County lawyer can help you with your legal problem.

I have been sued now what Do I do? Do you need the help of an attorney with a defensive litigation matter? A litigation attorney in our Orange County office can help you with your legal problem.

Civil Litigation: Motion to Strike

Q: What is a motion to strike?

A: A motion to strike is a request for a court order to eliminate all or a portion of the legal pleading.

The California Code of Civil Procedure section 435 provides as follows: 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.

Similarly, Code of Civil Procedure section 436 provides, in pertinent part:

The court may, upon a motion made pursuant to Section 435 * * *

(a) Strike out any irrelevant, false, or improper matter inserted in any pleading.

(b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state.

Additionally, a motion to strike can be used to attack the legal conclusions in a pleading. Such allegations are the conclusions of the pleader, and “irrelevant matter” subject to a motion to strike.

A motion to strike is also made verbally during trials and in depositions to request an order to "stricken" the answers by a witness when the answers are in violation of rules of evidence.