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.
What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
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.
It is the City's policy that encroachments for private use and enjoyment are not appropriate on City property and may not be authorized. Such encroachments are generally construed to be detrimental to the City's interest because of the singularly private benefit that is gained from them by a private party.
California Rules of Court, Rule 3.1203 states that “a party seeking an ex parte order must notify all parties no later than A.M. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.” (Emphasis added).
$390 to $1,000 fines for misdemeanor offenses. $390 to $5,000 fines for felony offenses. Additional fines that a California court can impose to substantially increase a fine are called penalty assessments. Typical fines and assessments in San Diego Courts vary between $1,800 and $2,200.
Submission of Evidence. In ance with San Diego Local Rule 2.5. 8, the court may permit parties to appear by telephone or video in civil cases. Refer to your Notice of Hearing and the court's website at for the most current instructions on how to appear and how to submit evidence.
The runway, built of asphalt and concrete, measures 9,401 by 200 feet (2,865 m × 61 m). Each end has a displaced threshold: on Runway 27, the first 1,810 feet (550 m) are displaced, while the first 1,000 feet (300 m) are displaced on Runway 9.
Attorneys, however, often use “motion to strike” as shorthand for “I am marking the transcript and preserving my objection, and intend to move the court after this deposition that your answer continues not to respond to the questions I am asking.” See Court Opinions.