How to file "Motion to Strike" Sham Pleading

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In this exciting episode of Litigation Whiteboard® Attorney Steve® discusses potential responses to a complaint in California. This is general legal information only and not legal advice. Some of your options as an IP defense lawyer (or other types of attorney) when deciding how to move forward are to consider the following:

1. A general answer (admitting or denying allegations and raising affirmative defenses)
2. Motion to Dismiss (ex. in Federal court filing a 12(b) MTD). Learn more about these filings by watching this video: https://youtu.be/eeW-WrM3ecY
3. Removal of a federal court complaint (learn more with this video:) https://youtu.be/RLnFFV7se4E
4. Filing a Motion to Strike all or part of a pleading including the entire complaint for being a "SHAM PLEADING" akin to an abuse of process.

Here is another video dealing with the Motion to Strike: https://youtu.be/I6WxGo1VTbc

The court has inherent powers to prevent an abuse of process, and attorneys should be open and honest with the judge and opposing parties, and not file a complaint for improper purposes such as to harass, annoy, and embarrass.

A bad faith litigant also risks a "malicious prosecution" case. See more in this video:

https://youtu.be/JnQT7QW7ZtA

In this video, we use an example of filing complaint A (that discusses a breach of employment agreement and trade secret complaint with an arbitration clause), and then, when called out on the arbitration clause a new complaint is filed eliminating and suppressing facts dealing with that in an attempt to avoid arbitration.

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For help with trade secret lawsuits, copyright, domain disputes, right of publicity, celebrity endorsement, or trademark matters, call us at (877) 276-5084.

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