What is the effect of an order striking all or part of a pleading under Code of Civil Procedure section 435?
California, United States of America
The following excerpt is from Price v. Starbucks Corp., 122 Cal.Rptr.3d 174, 192 Cal.App.4th 1136, 2011 Daily Journal D.A.R. 2665 (Cal. App. 2011):
An order striking all or part of the pleading under Code of Civil Procedure section 435 is reviewed following the entry of final judgment for abuse of discretion. ( Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1282, 45 Cal.Rptr.3d 222.)
*1142 b. Price Failed To Allege An Injury Arising From The Allegedly Non-Compliant Wage Statements
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