This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Motion To Strike Form Without Demurrer In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
(c) If a party serves and files a notice of motion to strike without demurring to the complaint, the time to answer is extended and no default may be entered against that defendant, except as provided in Sections 585 and 586.
A demurrer is a challenge to a particular claim that is made in court. A motion to dismiss is when a request is made to drop a court case. A demurrer or a motion to dismiss can be made on various grounds.
Rules of Court, rule 3.1103(c).) An opposition to a demurrer should include the following: Papers styled as “opposition to demurrer” or “memorandum of points and authorities in opposition to demurrer” that contain facts, law, evidence and arguments relied on, and a discussion of the authorities cited.
A general demurrer challenges the legal sufficiency of allegations in a complaint, while a motion to quash addresses procedural defects or jurisdictional issues. The general demurrer does not contest the facts, whereas a motion to quash may involve evidence admissibility and constitutional protections.
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.
Grounds for a motion to strike include the following: The pleading is false; that is, untrue. The pleading is filed without the required leave of court. The form of pleading is in violation of a court order. The pleading is filed late. The pleading is barred by the statute of limitations. The pleading must be verified.
More info
Motion To Strike Without Demurrer--Extension of Time To Answer. A motion to strike without a demurrer extends the time to answer a complaint or cross-complaint.Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss"). This HowTo Guide addresses the steps for filing and serving motions in general civil cases in Contra Costa County Superior Court. Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute,. Grounds for demurrer or motion to strike are premature. Motion for judgment on the pleadings set for hearing on July 21. The State of California's joinder in the demurrer is granted. 2023.09.07 Motion to Strike FAC, Demurrer 357.