California Motion to Strike

A Motion to Strike asks the court to delete specific portions of a pleading. Unlike a demurrer (which challenges entire causes of action), a motion to strike targets individual allegations, prayers for relief, or improper claims within an otherwise valid complaint.

Think of it as editing with a scalpel rather than a sledgehammer. The complaint might state valid claims, but contain improper requests (like punitive damages without malice allegations) or irrelevant inflammatory language that should be removed.

Under CCP § 436, the court may strike any of the following from a pleading:

Common Targets for Motions to Strike

• Punitive damages — Must be supported by specific allegations of malice, oppression, or fraud (Civil Code § 3294)
• Attorney's fees — Only recoverable if authorized by contract or statute
• Scandalous allegations — Inflammatory language designed to embarrass or prejudice
• Redundant causes of action — Duplicative claims that add nothing
• Immaterial exhibits — Attachments that don't support the claims

California's Anti-SLAPP statute (CCP § 425.16) provides a powerful "special motion to strike" for defendants sued based on protected speech or petitioning activity. This is different from a regular motion to strike.

Anti-SLAPP Two-Step Analysis

1. Protected Activity: Does the claim arise from defendant's exercise of free speech or petition rights in connection with a public issue?
2. Probability of Success: If yes, can the plaintiff demonstrate a probability of prevailing on the claim?

If the defendant shows protected activity and the plaintiff can't show probability of success, the claim gets stricken and the defendant recovers fees.

Required Documents

1. Notice of Motion — Identifies what you're moving to strike and hearing date
2. Memorandum of Points and Authorities — Legal argument
3. Meet and Confer Declaration — CCP § 435.5 compliance
4. Proposed Order — If required by local rule

NOTICE OF MOTION TO STRIKE

TO PLAINTIFF AND PLAINTIFF'S ATTORNEY OF RECORD:

PLEASE TAKE NOTICE that on [DATE] at [TIME] in
Department [X] of the above-entitled Court, Defendant
will move to strike the following from Plaintiff's
Complaint:

1. Page 8, lines 15-18:
   Prayer for punitive damages

2. Page 5, Paragraph 23:
   "Defendant acted with evil intent and malice..."

3. Page 10, Prayer (4):
   Request for attorney's fees

[List each item with specificity]

This motion is made on the grounds that the above
matter is:
- Irrelevant (CCP § 436(a))
- Not drawn in conformity with the law (CCP § 436(b))

[Continue with Memorandum of Points & Authorities]

Tips for Effective Motions to Strike

• Be specific — Identify exact page numbers, line numbers, and paragraph numbers
• Quote the language — Show exactly what you want stricken
• Cite the legal defect — For punitive damages, cite Civil Code § 3294 requirements
• Don't overreach — Strike only what's truly improper; frivolous requests hurt credibility