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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 motion to strike asks the court to ban a pleading, like an Answer, from being used. See CPLR 3126. A motion for contempt asks the court to fine and/or jail the other side for ignoring the court's order.
A motion to strike challenges the legal sufficiency of a pleading, and, consequently, requires no factual findings by the trial court. ... [The court takes] the facts to be those alleged in the complaint ... and [construes] the complaint in the manner most favorable to sustaining its legal sufficiency. ...
A Motion to Strike is used to challenge improper or irrelevant information, or complaints not made in conformity with laws, rules, or court orders. Additionally, a Demurrer is used only to attack entire causes of action, while a Motion to Strike can be used to attack portions of a cause of action.
At the trial stage, a party may wish to make a motion to strike to remove evidence?usually part of a witness's testimony?from the court record, with the jury instructed to disregard the evidence. This is commonly accomplished by raising an objection, which a judge can either sustain or overrule.