Legal Question in Family Law in California
I have a temporary restraining order placed on me and what was said on the complaint is not true, can I file a motion to strike?
Asked on 10/12/10, 10:40 pm
2 Answers from Attorneys
No. You must refute the allegations with evidence. A motion to strike is a purely procedural motion that must be based on a procedural issue with the pleading.
Answered on 10/17/10, 11:01 pm
Anthony Roach
Law Office of Anthony A. Roach
Motions to strike are not for contesting the merits of a document. If you disagree with the allegations, you need to file a response that refutes the allegations.
Answered on 10/18/10, 7:49 am