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 Sacramento
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State:
Multi-State
County:
Sacramento
Control #:
US-00004BG-I
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FAQ
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.
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 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 ...
Section 430.41 - Meeting required before filing demurrer (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement ...
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.
Under Code of Civil Procedure section 430.10, the grounds for a demurrer to a complaint or cross-complaint are the following: The court has no jurisdiction of the subject matter of the cause of action alleged in the pleading. The pleading does not state facts sufficient to constitute a cause of action.
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.
Pursuant to Local Rule section 2.35, a party seeking an ex-parte order shall notify the parties no later than a.m. the court day before the ex-parte appearance, absent a showing of exceptional circumstances pursuant to California Rules of Court 3.1203 .
What happens with one "strike" prior? A defendant who is convicted of any new felony who has one "strike" prior (known as a second striker) must go to prison (i.e., cannot be sent to a rehab facility or placed on probation) for twice the sentence otherwise prescribed for the new offense.