§ 435.Service and Filing of Notice of Motion to Strike

Title 6. Of the Pleadings In Civil Actions · Chapter 4. Motion to Strike · Last amended 1994 · Last verified July 28, 2026

In one sentenceSection 435 sets the procedure for a motion to strike, filed within the time to respond to a pleading, with hearing dates tied to § 1005 or concurrent with a demurrer hearing, and provides that filing one without demurring extends the time to answer.

Full Text of § 435

Text sizeJump to: (a) (b) (c) (d) (e)

(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.

Plain-English Summary

Section 435 opens the chapter on motions to strike with definitions and procedure. Subdivision (a) defines "complaint" to include a cross-complaint and "pleading" to mean a demurrer, answer, complaint, or cross-complaint — the four document types a motion to strike can target.

Subdivision (b) sets the filing window: any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole pleading or any part of it, though that time limit does not apply to the motions described in subdivision (e). A notice to strike an answer or complaint must specify a hearing date under § 1005; a notice to strike a demurrer must set its hearing concurrently with the demurrer hearing itself.

Subdivisions (c) and (d) address timing interplay. Filing a motion to strike without also demurring extends the time to answer, and blocks a default except as §§ 585 and 586 allow. But filing a motion to strike an answer or complaint does not, by itself, extend the time to demur. Subdivision (e) allows a motion to strike to be made as part of a motion under § 438(i)(1)(A).

Frequently Asked Questions

What can a motion to strike target under California law?

Section 435(a) defines "pleading" to include a demurrer, answer, complaint, or cross-complaint, so a motion to strike may reach any of the four.

Does filing a motion to strike extend the time to answer?

Yes — § 435(c) provides that filing a motion to strike without also demurring extends the time to answer and blocks default except as §§ 585 and 586 allow.

When must a motion to strike a demurrer be heard?

Section 435(b)(3) requires that hearing to be set concurrently with the hearing on the demurrer itself.

Amendment History

Amended by Stats. 1993, Ch. 456, Sec. 3.5. Effective January 1, 1994.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: motion to strike california procedurenotice of motion to strike