SAMPLE MOTION TO STRIKE 1 State Bar No. 2 3 4 5 6 7 8 9 10 11 , ) ) ) ) ) ) 14 , ) ) ) ) CASE No.: ............... HEARING DATE/TIME: .......... DEPT. No.: ..........

HEARING JUDGE: ............... NOTICE OF MOTION TO STRIKE PORTIONS OF COMPLAINT; SUPPORTING MEMORANDUM; PROPOSED ORDER DATE ACTION FILED: .......... DATE SET FOR TRIAL: ...(if set) SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF .......... Attorney for

12 Plaintiff, 13 vs.

15 Defendant. 16

17 TO PLAINTIFF AND (HIS/HER) ATTORNEYS OF RECORD: 18 PLEASE TAKE NOTICE that on..(date) .., .........................................., at ..(time),

19 or as soon thereafter as the matter may be heard, in Division ...... of the 20 above-entitled court, located at ...............(address) , 21 Defendant ...... (name) ...... will move to strike the following 22 language from the Plaintiff's Complaint for Unlawful Detainer: (specify,

23 for example: 24 Page 3, line 20, paragraph 4: 25 For attorney fees in a reasonable amount; 26 Page 3, line 19, paragraph 3: 27 Damage for waste and nuisance according to proof.) 28 ///// 1 This motion is made pursuant to Code of Civil Procedure Sec. 435 (and 2 Civil Code Sec. 1717), on the grounds that (specify, for example: attorney fees 3 are not recoverable in this action since Plaintiff alleges Defendant has taken 4 possession pursuant to an oral, not written, lease. Further, damages for 5 waste and nuisance are beyond the scope of damages awardable in unlawful 6 detainer actions, and accordingly are not recoverable). 7 This motion is based on this Notice, the attached Memorandum 8 and such other evidence, both oral and documentary, 9 as may be heard at time of the hearing. 10 DATED: ..............., .... 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 /s/____________________ (Attorney's name typed) Attorney for Defendant.....

13 (Follow with Supporting Memorandum)

27 28