Legal Question in Medical Malpractice in California

can I file motion to strike defendant's answer on complaint?

I would ask if I can file motion to strike defendant's answer on my complaint.

Thank you in advance.


Asked on 6/18/09, 12:06 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: can I file motion to strike defendant's answer on complaint?

If you don't know what you are doing, you should not be filing complaints in court. This is a certain path to losing your case and having to pay thousands of dollars in court costs.

In all probability, the court will not grant a motion to strike the defendant's answer. Refer to California Civil Procedure Before Trial.

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Answered on 6/18/09, 3:16 pm
Terry A. Nelson Nelson & Lawless

Re: can I file motion to strike defendant's answer on complaint?

Sure, if you have proper legal grounds and facts to do so. You can do it yourself 'pro per' if you know how to research the law, prepare and file the appropriate pleadings, declarations and 'points and authorities', notice the motion, and can effectively represent yourself in the court hearing against a experienced attorney. Most people hire an attorney that knows how, if their case is worth pursuing. If serious about doing so, and if this is in SoCal, feel free to contact me.

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Answered on 6/18/09, 5:13 pm


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