Motion To Strike Form In Alameda

State:
Multi-State
County:
Alameda
Control #:
US-00002BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

The Motion to Strike form in Alameda is a legal document utilized by defendants seeking to challenge or amend specific provisions of a court judgment, particularly in divorce cases pertaining to alimony when the plaintiff has remarried. The form allows defendants to present evidence of the plaintiff's new spouse's ability to provide support, thus establishing grounds for the alteration or elimination of existing alimony obligations. Users must fill in essential details such as their information, the court details, and specific content related to the alimony provisions in question. Key features include an affidavit section where the defendant provides sworn testimony and a certificate of service to ensure the plaintiff and their attorney are notified. This form serves a variety of legal professionals, including attorneys and paralegals, offering them a structured approach to presenting modification requests. It is particularly useful for partners and owners in law firms managing family law cases, as well as for associates and legal assistants tasked with drafting court documents. Clear instructions should be followed when completing the form to ensure compliance with local court requirements and proper service of documents.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff

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FAQ

Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.

If the two sides cannot reach an agreement, the defendant has to file and serve the demurrer or motion to strike within the deadline (usually 30 days) for responding to the Complaint. The other side then gets a chance to file a response before a court date where the judge will make a decision.

(a) Fields occupied No trial court, or any division or branch of a trial court, may enact or enforce any local rule concerning these fields. All local rules concerning these fields are null and void unless otherwise permitted or required by a statute or a rule in the California Rules of Court.

C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.

(b) Declaration regarding notice (3) That, for reasons specified, the applicant should not be required to inform the opposing party.

For in limine motions or matters on which the hearing will be two court days or fewer from filing, the courtesy copies shall be delivered the same day as filing. This rule does not apply to administrative records in writ proceedings.

(a) Except as permitted by statute, an applicable code of judicial ethics or code of judicial conduct, or standards governing employees of a tribunal, a lawyer shall not directly or indirectly give or lend anything of value to a judge, official, or employee of a tribunal.

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Motion To Strike Form In Alameda