What is the test for a motion to strike a portion of a cause of action?
California, United States of America
The following excerpt is from PH II, Inc. v. Superior Court, 33 Cal.App.4th 1680, 40 Cal.Rptr.2d 169 (Cal. App. 1995):
Petitioner PH II, Inc. seeks a writ of mandate to compel respondent superior court to set aside its order sustaining a demurrer to portions of two causes of action. We do not reach the merits but resolve this matter on a procedural issue after supplemental briefing by the parties. We affirm the rule that a party may not demur to a portion of a cause of action (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 163, 203 Cal.Rptr. 556 (Grieves )), but suggest that in appropriate circumstances a substantive defect which appears on the face of a complaint, but involves only a portion of a cause of action, may be the subject of a motion to strike.
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