This sample motion to strike a first amended complaint in California is filed under Code of Civil Procedure sections 435 through 437 on the grounds that, (1) the first amended complaint was filed after the deadline allowed for Plaintiff to amend their complaint; (2) the first amended complaint contains an unauthorized amendment, and (3) the first amended complaint is filed in violation of the Court’s order in which it sustained the demurrer or motion to strike filed by Moving Defendants without leave to amend. The sample requests that the the first amended complaint filed by Plaintiff should be stricken in its entirety, or in the event that the Court is inclined to grant leave to amend, that the Court order Plaintiff to pay the Moving Defendants their expenses incurred in bringing the motion to strike. The sample motion on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF MOTION AND MOTION TO STRIKE
FIRST AMENDED COMPLAINT;
MEMORANDUM OF POINTS AND
AUTHORITIES
DATE:
TIME:
DEPT:
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Be sure to remove these notices before using this document.
1 TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD:
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NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED COMPLAINT

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1PLEASE TAKE NOTICE that on __________________, at ________.M., or as soon after
that as the matter can be heard, in Department, ___ of the above-entitled court located at
_____________________________________________, Defendant,
___________________________________________________________, (hereinafter referred to
collectively as “Moving Defendants”) will move this Court for an order striking the first amended
complaint of Plaintiff (“Plaintiff”) on file herein in its entirety on the grounds that
said first amended complaint was filed after the deadline of ________________ allowed for
Plaintiff to amend their complaint;
said first amended complaint contains an unauthorized amendment, or
said first amended complaint is filed in violation of the Court’s order of ____ in which it
sustained he demurrer or motion to strike filed by Moving Defendants without leave to amend
and therefore the first amended complaint filed by Plaintiff should be stricken in its entirety.
MOTION TO STRIKE PLAINTIFF’S FIRST AMENDED COMPLAINT
This motion to strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds
that,
said first amended complaint was filed after the deadline of ________________ allowed for
Plaintiff to amend their complaint;
said first amended complaint contains an unauthorized amendment, or
said first amended complaint is filed in violation of the Court’s order of ____ in which it
sustained he demurrer or motion to strike filed by Moving Defendants without leave to amend
and therefore the first amended complaint filed by Plaintiff should be stricken in its entirety.
This motion to strike is based upon this notice, the attached motion to strike, the attached
memorandum of points and authorities in support thereof, served and filed herewith, the complete
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NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED COMPLAINT

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court records on file in this action and upon such other further written or oral evidence which may be
presented at the time of hearing of this motion.
Dated________________ _____________________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED COMPLAINT