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NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
1 TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on __________________, at ________.M., or as soon
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after that as the matter can be heard, in Department, ___ of the above-entitled court located at
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_____________________________________________, Defendant,
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7 collectively as “Moving Defendants”) will move this Court for an order striking portions of the
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Complaint of Plaintiff (“Plaintiff”), on file herein, namely the portion on Page 3 of the complaint, in
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the prayer portion, at lines 20 and 21, where it requests “with interest thereon at the rate of ten
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percent (18%) per annum from _____.”, and the portion on Page 3 of the complaint, in the prayer
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12 portion, at line 22, where it requests, “For costs of collection and reasonable attorney fee in the sum
13 of $1,000.” The grounds for this Motion to Strike are set forth below.
14 MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
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This Motion to Strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds
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that nowhere in the complaint does plaintiff allege facts sufficient to entitle them to recover the 18%
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interest that they are requesting, nor the costs of collection and reasonable attorney fee in the sum of
20 1. The portion on Page 3 of the complaint, in the prayer portion, at lines 20 and 21,
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where it requests “with interest thereon at the rate of ten percent (18%) per annum from ______.”
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2. The portion on Page 3 of the complaint, in the prayer portion, at line 22, where it
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requests, “For costs of collection and reasonable attorney fee in the sum of $1,000.”
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25 This motion to strike is based upon this notice and the attached motion to strike, the attached
26 memorandum of points and authorities in support thereof, the attached declaration of __________
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regarding compliance with the meet and confer requirements of Code of Civil Procedure § 435.5(a),
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NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
1 the complete court records on file in this action and upon such other further written or oral evidence
2 which may be presented at the time of hearing of this motion.
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Dated________________ _______________________________________________
4 ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT