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A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
A motion to strike may refer to: Motion to strike (court of law) , a legal motion given by one party in a trial requesting the presiding judge order the removal of all or part of the opposing party's pleading to the court
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
House Speaker Mike Johnson announced Wednesday evening that House Republicans from across the conference struck a deal to raise the threshold for the motion to vacate -- a procedure rank-and-file ...
The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
“The Complaint is a textbook example of a ‘shotgun pleading’ and must be dismissed in its entirety for failing to attribute specific factual allegations to each defendant,” said The-Dream ...
A subsidiary motion is a type of motion by which a deliberative assembly deals directly with a main motion prior to (or instead of) voting on the main motion itself. [12] Each subsidiary motion ranks higher than the main motion and lower than the privileged motions, and also yields to applicable incidental motions.
One of the hardest-fought political battles in 2024 happened inside California's Capitol between a group of grieving parents who lost their kids to fentanyl and a handful of powerful politicians ...
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