What does a “memorandum of law in opposition to defendant’s motion to strike” mean?
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What does a “memorandum of law in opposition to defendant’s motion to strike” mean?
I received this notice in the mail today and am assuming this has something to do with the foreclosure proceedings on my house (for which my ex-husband’s name is still on the mortgage).
Asked on August 8, 2011 Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A memorandum of law is also often called a brief. It is essentially a written legal argument. It will restate key facts, cite cases and statutes, and explain why something should--or should not--be done. A "motion to strike" is a motion (or a request made to the court) made to eliminate another party's pleadings--their complaint or answer--or some ground, such as a failure to state a legal claim, failure to provide discovery, or violation of a court order. The defendant in a foreclosure proceeding is the homeowner; the plaintiff is typically the bank or else someone (like a new financial company) which bought the mortgage from the original lender.
Defendant's motion to strike would typically be a motion made by one of the defendants to throw out the plaintiff's complaint, essentially making the case go away. A memoranum of law in opposition to defendant's motion to strike would usually be plaintiff's legal argument about why the court should not do that.
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