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[1] Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, false, or improper matter inserted in any pleading." [ 2 ] A motion to strike may also be used to request the elimination of all or a portion of a trial witness's testimony.
More than 300 published court opinions have interpreted and applied California's anti-SLAPP law. [3] Because the right to file a special motion to strike is substantive immunity to suit , rather than a merely procedural right, federal courts apply the law to state law claims they hear under diversity jurisdiction .
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred.
Boxer Manny Pacquiao filed a cross-complaint Friday in a California state court against Paradigm Sports Management, alleging breach of conduct, breach of fiduciary duty and fraud, among other ...
Kelly Clarkson has filed a new lawsuit against her ex-husband and former manager Brandon Blackstock, just months after a California agency ordered him to repay the singer over $2.6 million.
The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a), and may assert any counterclaim under Rule 13(b) or any cross-claim under Rule 13(g). Rule 14(a)(4): Any party may move to strike the third-party claim, to sever it, or to try it separately.
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
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