Cal. Rules of Court, rule 3.1322 · Article 1. Pleading and Venue Motions
Motions to strike
Text — As posted by the Judicial Council of California (read October 22, 2026)
(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.
(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.
Notes and commentary — not rule text
History
(Subd (a) amended and lettered effective January 1, 2007; adopted as part of untitled subd effective January 1, 1984.)
(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.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/three/rule3_1322
- Text hash
- sha256 458b50e084adb3ad61cd75f01d429d732ff1ed83f88280abc1f27395be0a27e4
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.