(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. (Subd (a) amended and lettered effective January 1, 2007; adopted as part of untitled subd effective January 1, 1984.)
Rule 3.1322.Motions to strike
Division 11. Law and Motion · Chapter 6. Particular Motions · Article 1. Pleading and Venue Motions · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1322 requires a motion to strike part of a pleading to quote the targeted language in full, unless it targets an entire paragraph, cause of action, count, or defense, and requires the motion to be filed within the time to plead and heard together with any demurrer to the same pleading.
Full Text of Rule 3.1322
(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. (Subd (b) amended and lettered effective January 1, 2007; adopted as part of untitled Subd effective January 1, 1984.)
Plain-English Summary
A demurrer challenges whether a claim or defense is legally sufficient at all; a motion to strike goes after specific language within an otherwise valid pleading, such as irrelevant, false, or improper matter. Rule 3.1322(a) demands precision from the notice of motion: it must quote, in full, exactly the language the moving party wants struck, unless the target is an entire paragraph, cause of action, count, or defense, in which case identifying it by description is enough. When a motion targets several passages, the specifications must be numbered consecutively so the court and opposing counsel can track each one.
Rule 3.1322(b) coordinates timing with demurrers so the same pleading is not attacked on separate tracks at separate hearings. A notice of motion to strike must be given within the time allowed to plead. If a demurrer is also being filed against the same pleading, the motion to strike must be filed concurrently with it and noticed for the same hearing, letting the court address both challenges to the pleading in one sitting.
Frequently Asked Questions
What is the difference between a demurrer and a motion to strike in California?
A demurrer challenges whether a claim or defense is legally sufficient. A motion to strike, governed procedurally by rule 3.1322, targets specific improper language within an otherwise valid pleading.
Do you have to quote the exact language you want stricken from a California pleading?
Yes, in full, unless the motion targets an entire paragraph, cause of action, count, or defense, under rule 3.1322(a).
Does a California motion to strike have to be heard with a demurrer to the same pleading?
Yes, if a demurrer is also being filed. Rule 3.1322(b) requires the motion to strike to be filed concurrently with the demurrer and noticed for the same hearing.
Amendment History
Rule 3.1322 amended and renumbered effective January 1, 2007; adopted as rule 329 effective January 1, 1984.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: motion to strike pleading California rulequote language stricken from complaint Californiademurrer and motion to strike same hearing California