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 And Demurrer In Oakland
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State:
Multi-State
County:
Oakland
Control #:
US-00004BG-I
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FAQ
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.
PRACTICE TIP: Courts consider striking a party's pleading to be an extreme measure, and motions to strike are viewed with disfavor and infrequently granted. POL. Many courts consider filing this motion as a dilatory tactic.
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 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 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 general demurrer is usually filed on one of two grounds, failure to state facts sufficient to constitute a cause of action, and the Court lacks subject matter jurisdiction. A special demurrer can be made on any one of several grounds, including uncertainty and lack of capacity to sue.
(2) The term "pleading" means a demurrer, answer, complaint, or cross-complaint. (b) (1) 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, but this time limitation shall not apply to motions specified in subdivision (e).
Demurrers typically come in two forms: general and specific. A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue.
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 ...