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2014 California Rules of Court

Rule 3.1322. Motions to strike

(a) Contents of notice

A notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense. Specifications in a notice must be numbered consecutively.

(Subd (a) amended and lettered effective January 1, 2007; adopted as part of untitled subd effective January 1, 1984.)

(b) Timing

A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.

(Subd (b) amended and lettered effective January 1, 2007; adopted as part of untitled Subd effective January 1, 1984.)

Rule 3.1322 amended and renumbered effective January 1, 2007; adopted as rule 329 effective January 1, 1984.

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