SECTIONS 435-437 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 435-437

435. (a) As used in this section:
(1) The term "complaint" includes a cross-complaint.
(2) The term "pleading" means a demurrer, answer, complaint, or
cross-complaint.
(b) (1) Any party, within the time allowed to respond to a
pleading may serve and file a notice of motion to strike the whole or
any part thereof, but this time limitation shall not apply to
motions specified in subdivision (e).
(2) A notice of motion to strike the answer or the complaint, or a
portion thereof, shall specify a hearing date set in accordance with
Section 1005.
(3) A notice of motion to strike a demurrer, or a portion thereof,
shall set the hearing thereon concurrently with the hearing on the
demurrer.
(c) If a party serves and files a notice of motion to strike
without demurring to the complaint, the time to answer is extended
and no default may be entered against that defendant, except as
provided in Sections 585 and 586.
(d) The filing of a notice of motion to strike an answer or
complaint, or portion thereof, shall not extend the time within which
to demur.
(e) A motion to strike, as specified in this section, may be made
as part of a motion pursuant to subparagraph (A) of paragraph (1) of
subdivision (i) of Section 438.

436. The court may, upon a motion made pursuant to Section 435, or
at any time in its discretion, and upon terms it deems proper:
(a) Strike out any irrelevant, false, or improper matter inserted
in any pleading.
(b) Strike out all or any part of any pleading not drawn or filed
in conformity with the laws of this state, a court rule, or an order
of the court.

437. (a) The grounds for a motion to strike shall appear on the
face of the challenged pleading or from any matter of which the court
is required to take judicial notice.
(b) Where the motion to strike is based on matter of which the
court may take judicial notice pursuant to Section 452 or 453 of the
Evidence Code, such matter shall be specified in the notice of
motion, or in the supporting points and authorities, except as the
court may otherwise permit.