1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO STRIKE
) FIRST AMENDED COMPLAINT;
13 vs. ) MEMORANDUM OF POINTS AND AUTHORITIES;
) DECLARATION OF _________ REGARDING
14 Any Defendant, and DOES 1-5 ) COMPLIANCE WITH MEET AND CONFER
) REQUIREMENTS OF CODE OF CIVIL
15 Defendants. ) PROCEDURE § 435.5(a)
)
16 ) DATE:
) TIME:
17 ) DEPT:
)
18 )
)
19

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- 1 -
NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED COMPLAINT
 1 TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD:
2
PLEASE TAKE NOTICE that on __________________, at ________.M., or as soon after
3
that as the matter can be heard, in Department, ___ of the above-entitled court located at
4
_____________________________________________, Defendant,
5

6 ___________________________________________________________, (hereinafter referred to

7 collectively as “Moving Defendants”) will move this Court for an order striking the first amended
8
complaint of Plaintiff (“Plaintiff”) on file herein in its entirety on the grounds that
9
said first amended complaint was filed after the deadline of ________________ allowed for
10
Plaintiff to amend their complaint;
11

12 said first amended complaint contains an unauthorized amendment, or

13 said first amended complaint is filed in violation of the Court’s order of ____ in which it
14 sustained he demurrer or motion to strike filed by Moving Defendants without leave to amend
15
and therefore the first amended complaint filed by Plaintiff should be stricken in its entirety.
16
MOTION TO STRIKE PLAINTIFF’S FIRST AMENDED COMPLAINT
17

18
This motion to strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds

19 that,

20 said first amended complaint was filed after the deadline of ________________ allowed for
21
Plaintiff to amend their complaint;
22
said first amended complaint contains an unauthorized amendment, or
23
said first amended complaint is filed in violation of the Court’s order of ____ in which it
24

25 sustained he demurrer or motion to strike filed by Moving Defendants without leave to amend

26 and therefore the first amended complaint filed by Plaintiff should be stricken in its entirety.
27

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NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED COMPLAINT
 1 This motion to strike is based upon this notice, the attached motion to strike, the attached
2 memorandum of points and authorities in support thereof, the attached declaration of __________
3
regarding compliance with the meet and confer requirements of Code of Civil Procedure § 435.5(a),
4
the complete court records on file in this action and upon such other further written or oral evidence
5

6
which may be presented at the time of hearing of this motion.

8 Dated________________ _____________________________________________
9
ANY ATTORNEY OR PARTY

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NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED COMPLAINT