Motion To Strike And Demurrer In Broward
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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.
A party filing a demurrer must serve and file therewith a notice of hearing that must specify a hearing date in ance with the provisions of Code of Civil Procedure section 1005 and, if service is by electronic means, in ance with the requirements of Code of Civil Procedure section 1010.6(a)(4) and rule ...
A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.
A motion to strike is similar to a demurrer, but it relates to only specific parts of a complaint. In a motion to strike a defendant might seek to strike all requests for punitive damages, or for attorney fees, if there is a legal argument that the plaintiff is not entitled to those forms of relief.
A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.
(f) Motion to Strike. A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time.
A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record.
For Clerk of Court eFiling assistance, direct your inquiry to: eFiling@browardclerk. The case type and 'reference number' must be included in the subject line.
A motion to compel against a party to the action must be brought in the court in which the action is pending. If the offending party is not a party to the action, the motion must be brought in the circuit court where the deposition is being taken.
Arc Broward is located on the right. For media/press inquiries, please contact Kim Vassar, Chief Advancement Office at (954) 746-9400 or kvassar@arcbroward. For Human Resources inquiries including employment opportunities and employment verification, please contact HR@arcbroward.
