Is a motion to strike the first and second counts of the third amended complaint against a defendant a controlling doctrine?
California, United States of America
The following excerpt is from J. C. Peacock, Inc. v. Hasko, 184 Cal.App.2d 142, 7 Cal.Rptr. 490 (Cal. App. 1960):
'The next question is whether the defendant's motion to strike the first and second counts of the third amended complaint should be granted or denied. I am of the view that the doctrine enunciated in Steiner v. Rowley, 35 Cal.2d 713, 221 P.2d 9, is here controlling and hence that the plaintiff must be deemed to have elected to proceed on the contract count. Hence the motion to strike counts 1 and 2 is granted.'
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a plaintiff have to amend his second amended complaint to a third amended complaint? (California, United States of America)
Is a third strike defendant entitled to the same sentence as a second strike defendant? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Can plaintiff Gray bring a motion to amend his Complaint to allow him to file a second amended complaint? (California, United States of America)
Is there a properly noticed motion for leave to amend the first amended complaint? (California, United States of America)
Does a motion for a "special" anti-SLAPP suit motion refer to "complaint" refer to an earlier complaint that had been amended to contain anti-free speech claims? (California, United States of America)
What are the consequences of failing to make a reasoned legal argument in a motion to amend and sustain a demurrer to any cause of action in the first amended complaint? (California, United States of America)
Is a motion to amend a complaint when a defendant has defaulted open the complaint? (California, United States of America)
What is the difference between a third amended complaint and a fourth amended complaint? (California, United States of America)
