Q: Question on filing a motion to strike in California
In family law in California I filed a “motion to strike” for something in our trial. I did it on pleading paper. The research I did said there is no official forms, that attorneys have templates that they use. It said to type it on pleading paper, list the trial date and the court will right in the hearing date. I did not do a Fl-300 because it stated one was not needed. Now in the opposing parties declaration it states I was to use a Fl-300… was I suppose to everywhere I looked it said one was not needed. There is a trial already set and I need to strike a report.
A: Assuming the motion was drafted properly otherwise, the failure to use the FL300 as a cover is not a fatal flaw and should not be grounds alone for denying your motion.
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A:
In California family law, motions to strike are generally filed to request the court to remove certain parts of the opposing party's pleadings that may be irrelevant, redundant, or otherwise inappropriate. While it's true that there is no official Judicial Council form specifically for a motion to strike in family law matters, using pleading paper is the correct approach as per the rules governing court filings. The requirement to use an FL-300, which is a Request for Order form, typically applies when you're asking the court to make new orders or change existing ones, not necessarily for a motion to strike related to a trial.
However, the procedural requirements can vary based on the specific nature of what you're trying to strike and the local court's rules. Since there's already a trial set, and your intention is to strike a report from being considered in that trial, the process you've followed by using pleading paper may be appropriate for your specific situation. The confusion might arise from the overlapping use of forms for different types of motions and requests in family law proceedings.
Given the discrepancy noted in the opposing party's declaration regarding the use of an FL-300, it would be prudent to consult the local court's rules or a legal professional to clarify the proper procedure in your case. Ensuring you've followed the correct procedure is crucial for your motion to be considered by the court. If necessary, you may need to amend your filing or take additional steps as advised by the court or a legal expert to ensure your motion is properly before the court for consideration at the trial.
1 user found this answer helpful
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