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 when a defendant (the person accused of wrongdoing) asks the court to throw out an entire lawsuit or part of it. It is usually done when the defendant believes the plaintiff (the person bringing the suit) is not properly following the law or that their claim is baseless. In Washington, the motion to strike or dismiss in a class action lawsuit must include a “memorandum of points and authorities.” This memorandum is basically a brief that explains the legal basis for why the lawsuit should be dismissed or struck. The memorandum includes case law, statutes, rules, and other evidence that support the defendant’s arguments. The plaintiff has a chance to respond to the defendant’s motion. The plaintiff must file a memorandum of opposing points and authorities. This memorandum brings up the cases and other legal authority that support the plaintiff’s claims. The judge will consider both the defendant’s and plaintiff’s arguments before making a decision. In Washington, the court will issue an order stating whether the motion to strike or dismiss was accepted. If the court denies the motion, the case will then proceed to trial.

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What is a motion to strike or dismiss in a class action lawsuit?

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