10/29/2023 0 Comments Motion to strike meaningYou would probably see references to federal court cases as well. The Defendant is not impliedly admitting to anything by making the motion to which you refer.Ī good resource for you would be a legal treatise on civil procedure and practice in California, as well as an annotated version of California's rules of civil procedure the annotations at the bottom of the pages to the rules would allow you to see how California courts have interpreted and applied the procedural rules in specific cases. There is probably a statute or procedural rule in your state that specifies when it is appropriate to pray the Court for punitive damages, and how those grounds should be plead in the petition/complaint. What it appears the Defendant is maintaining in the Motion to Strike that you describe is that, whether the claims succeed or not, punitive damages are not warranted by facts or law. The latter is usually granted "with prejudice," meaning that the claim cannot be refiled. MoreĪ motion to strike, if granted, has the effect of excising extraneous or irrelevant statements from a pleading a motion to dismiss (often referred to as a demurrer in your state, if based on insufficiency to state a claim for which relief can be granted-see Federal Rule 12(b)(6)), if granted, has the effect of dismissing a claim from court altogether. Bradley you will need to arrange a consultation and enter into a written fee agreement with him. The failure to take appropriate action as provided by law may lead to the loss of rights. There are often deadlines, time limits and procedures which must be followed to enforce legal rights or handle a case. Answering this question does not create an attorney-client relationship or any obligation on the part of the attorney to take any action or respond further. This is a general response to a general question posted openly on-line. If you find this answer helpful, please say so. You may want to further your studies by going down to the county law library to read some treatises and practice guides on substantive law and civil procedure. At that stage it isn't technical legal requirements so much as the question of are there gaps in plaintiff's evidence or defendant can present a defense so the case doesn't need to go to trial. The pleading issues can become important later in the case as the parties go through discovery and the defense brings a motion for summary judgment to again seek to throw out or carve down the case. More likely is the plaintiff will be given a couple chances at amending the complaint to fix technical legal issues. Perhaps the entire complaint is knocked out. The demurrer attacks the legal sufficiency of the complaint and/or the legal sufficiency of the different causes of action in the complaint. And that's what the motion to strike is for. There might not be a proper basis for punitive damages and the defendant wants to get them thrown out early in the case. A motion to strike is sort of like a scalpel to cut out inappropriate parts of a lawsuit. No, there is no admission by making a motion to strike punitive damages.
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