What is a motion to strike or dismiss in a class action lawsuit?
A motion to strike or dismiss in a class action lawsuit is a legal action that can be taken in California by defendants in a case. It is an attempt by the defendant to end the case without having to go to trial. The motion to strike or dismiss asks the court to rule that the plaintiff (the person bringing the case) has failed to state a valid legal claim or has no valid legal basis for the lawsuit. The motion to strike or dismiss is used in class action lawsuits to challenge the legal standing of the plaintiffs or to argue that the complaint does not clearly state a claim for which the court has jurisdiction to hear. In most cases, the defendant must raise this motion before an answer is filed. In other words, the defendant must file the motion to strike or dismiss before a response or answer to the complaint is entered into the record. If the court grants the motion to strike or dismiss, the case ends there and the plaintiff cannot re-file the case. The motion to strike or dismiss is often seen in class action lawsuits because the class is made up of many plaintiffs with different claims. The motion to strike or dismiss is often used to challenge the legal standing of all the claims in the class action and to prevent the case from going forward.
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