(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.
§ 437.Grounds For Motion to Appear On Face of Challenged Pleading; Motion Based On Matter Subject to Judicial Notice
Title 6. Of the Pleadings In Civil Actions · Chapter 4. Motion to Strike · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 437 confines a motion to strike to grounds appearing on the face of the challenged pleading or from judicially noticeable matter, requiring that matter to be specified in the notice of motion or supporting papers, mirroring § 430.70's rule for demurrers.
Full Text of § 437
(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.
Plain-English Summary
Section 437 keeps a motion to strike on the same footing as a demurrer: it can reach only what is apparent from the pleading itself. Subdivision (a) requires the grounds for a motion to strike to appear on the face of the challenged pleading or from matter the court is required to judicially notice.
Subdivision (b) sets the same specification requirement § 430.70 imposes on demurrers: when a motion to strike relies on matter the court may judicially notice under Evidence Code § 452 or § 453, that matter must be specified in the notice of motion or the supporting points and authorities, unless the court permits otherwise.
Frequently Asked Questions
Can a motion to strike rely on evidence outside the pleading?
Only matters the court is required to judicially notice, or may judicially notice under Evidence Code § 452 or § 453 — § 437 does not allow a motion to strike to reach outside evidence beyond that.
Where must judicially noticeable matter be identified in a motion to strike?
Section 437(b) requires it be specified in the notice of motion or the supporting points and authorities, unless the court allows otherwise.
Amendment History
Added by Stats. 1982, Ch. 704, Sec. 4.
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: grounds for motion to strike californiajudicial notice motion to strike