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 _________________

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11 Any Plaintiff, ) Case No.

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12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO STRIKE
) PORTIONS OF PLAINTIFFS COMPLAINT;
13 vs. ) MEMORANDUM OF POINTS AND AUTHORITIES
)
14 Any Defendant, and DOES 1-5 ) DATE:
) TIME:
15 Defendants. ) DEPT:
)
16 )
)
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TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD:
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- 1 -
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS COMPLAINT
 1 PLEASE TAKE NOTICE that on __________________, at ________.M., or as soon
2 after that as the matter can be heard, in Department, ___ of the above-entitled court located at
3
_____________________________________________, Defendant,
4
___________________________________________________________, (hereinafter referred to
5

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collectively as Moving Defendants) will move this Court for an order striking portions of the

7 Complaint of Plaintiff (Plaintiff), on file herein, namely the portion on Page 3 of the complaint, in

8 the prayer portion, at lines 20 and 21, where it requests with interest thereon at the rate of ten
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percent (18%) per annum from _____., and the portion on Page 3 of the complaint, in the prayer
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portion, at line 22, where it requests, For costs of collection and reasonable attorney fee in the sum
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of $1,000. The grounds for this Motion to Strike are set forth below.
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13 MOTION TO STRIKE PORTIONS OF PLAINTIFFS COMPLAINT

14 This Motion to Strike is made pursuant to Code of Civil Procedure 435-437 on the grounds
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that nowhere in the complaint does plaintiff allege facts sufficient to entitle them to recover the 18%
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interest that they are requesting, nor the costs of collection and reasonable attorney fee in the sum of
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$1,000.00, the portions to be stricken are:
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19 1. The portion on Page 3 of the complaint, in the prayer portion, at lines 20 and 21,

20 where it requests with interest thereon at the rate of ten percent (18%) per annum from ______.
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2. The portion on Page 3 of the complaint, in the prayer portion, at line 22, where it
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requests, For costs of collection and reasonable attorney fee in the sum of $1,000.
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This Motion to Strike is based upon this notice, the attached Motion to Strike, The
24

25 Memorandum of Points and Authorities in support thereof, served and filed herewith, the complete

26 court records on file in this action and upon such other further written or oral evidence which may be
27
presented at the time of hearing of this motion.
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NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS COMPLAINT
 1

2 Dated________________ LAW OFFICES OF ANY ATTORNEY

3

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By: _____________________________
5 __________________, Attorney for
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Defendants

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NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS COMPLAINT
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NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS COMPLAINT