“Under Rule 12(f) of the Idaho Rules of Civil Procedure, the court may order stricken from any pleading any insufficient defense or any * * * immaterial * * * matter." (See County of Bonneville v. United Bonding Insurance Co. (1965) 90 Idaho 39, 41.)
"The [c]ourt has recognized in previous cases that motions to strike ... are limited to pleadings[.]" (See Alpha Mortg. Fund II v. Drinkard (2021) 497 P.3d 200, 204.)
“In addition, motions to strike may also be addressed to the sufficiency of affidavits on summary judgment.” (See generally Sales v. Peabody (2014) 157 Idaho 195, 202, 335 P.3d 40, 47 [explaining that motions to strike are also permissible for affidavits at summary judgment under I.R.C.P. 56(c) to preserve the right to challenge the admission of evidence on appeal].)
“Motions to strike do not present occasions to test the sufficiency of facts to support a defense,” (See Rosenberg v. Toetly (1971) 94 Idaho 413, 417.)
As such, “a motion to strike will not be granted where the defense pleaded raises on its face genuine questions of law or fact.” (See id.)
“A motion to strike should be granted only if the allegations have no possible relation to the controversy, and should be denied if the court is in doubt whether under any contingency the matter may raise an issue.” (See Callahan v. Wolfe (1965) 88 Idaho 444, 449; Samuel Goldwyn, Inc. v. United Artists Corp. (1940) D.C., 35 F. Supp. 633.)
“Even where irrelevant facts are intermingled with and are not separated from the relevant allegations in a complaint, the striking of both relevant and irrelevant matter is error.” (See id.)
“I.R.C.P. 12(f) provides upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within [twenty] 20 days after the service of the pleading upon him or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent or scandalous matter." (See Stewart v. Arrington Construction Company (1968) 92 Idaho 526, 529-30.)
“The wording of this rule indicates that a motion to strike is not the proper or authorized method for securing the dismissal of a complaint.” (See id.)
“A 12(f) motion is the proper motion for attacking an insufficient defense.” (See id.)
“A motion to strike can be used, with respect to a complaint, only to eliminate unnecessary or objectionable verbage.” (See id.)
“A complaint or a defense will still stand after a 12(f) attack, stripped only of redundant, immaterial, impertinent, or scandalous matter.” (See id.)
“Motions to strike will not be granted if the result would render the complaint meaningless.” (See id.)
“Allegations in a complaint which allege one ground of relief will not be stricken upon a motion to strike if the ground is sufficient to claim relief on any other ground.” (See id.)
“An order sustaining or overruling a demurrer, or granting or denying a motion to strike, not being appealable orders, are by definition then, interlocutory orders, and as such, are reviewable upon appeal as though settled in a bill of exceptions.” (See Hughes v. State (1958) 80 Idaho 286, 288.)
“The granting of a motion to strike has been expressly held to be reviewable upon appeal by the Supreme Court, even though the pleader files an amended pleading subsequent to the entering of the order against him.” (See id.)
“This Court reviews challenges to a trial court's evidentiary rulings on a summary judgment motion for an abuse of discretion.” (See Bybee v. Gorman (2014)157 Idaho 169, 173, 335 P.3d 14, 18; Mitchell v. State (2016) 369 P.3d 299, 303.)
“This Court engages in a three-part inquiry when reviewing a lower court's decision for an abuse of discretion:
(See id.)
“The district court's determination on a motion to strike is also reviewed under this standard.” (See id.)
It is well settled that a “Motion to Dismiss and [a] Motion to Strike are proper to test the sufficiency of the pleadings and to remove immaterial and impertinent allegations.” (See I.R.C.P. 12(b); I.R.C.P. 12(f); Jordan v. Jordan (1964) 87 Idaho 432, 433-34.)
It is also well settled that “motions to strike under Idaho Rule of Civil Procedure 12(f) generally focus on pleadings.” (See Alpha Mortg. Fund II v. Drinkard (2021) 497 P.3d 200, 204.)
Apr 02, 2024
Active
District
Nez Perce County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Mar 04, 2024
Active
District
Nez Perce County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Mar 01, 2024
Active
District
Boundary County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jan 25, 2024
Judgment (Other)
District
Bannock County, ID
A6- Application for Informal Probate
Probate
General Probate
AA- All Initial District Court Filings (Not E, F, and H1)
Jan 16, 2024
Non-Jury Verdict
Nez Perce County
Nez Perce County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Dec 28, 2023
Active
District
Twin Falls County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
Nov 27, 2023
Active
District
Boundary County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Nov 21, 2023
Non-Jury Verdict
District
Lemhi County, ID
A11- Paternity Action
Family
Paternity
Nov 21, 2023
Active
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Nov 09, 2023
Dismissal
District
Boundary County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Nov 01, 2023
Active
Bannock County
Bannock County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Oct 31, 2023
Active
District
Twin Falls County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Oct 31, 2023
Non-Jury Verdict
Twin Falls County
Twin Falls County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Oct 27, 2023
Active
Twin Falls County
Twin Falls County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Oct 20, 2023
Non-Jury Verdict
District
Twin Falls County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Oct 11, 2023
Non-Jury Verdict
District
Bannock County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Sep 28, 2023
Active
Bonner County
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Sep 28, 2023
Non-Jury Verdict
District
Bannock County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Sep 27, 2023
Non-Jury Verdict
District
Minidoka County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Sep 25, 2023
Judgment (Other)
Latah County
Latah County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
Sep 23, 2023
Active
District
Blaine County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Sep 20, 2023
Non-Jury Verdict
District
Nez Perce County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Sep 19, 2023
Non-Jury Verdict
Bonner County
Bonner County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Sep 12, 2023
Active
Bannock County
Bannock County, ID
L3 - Appeal or Petition for Judicial Review or Cross Appeal
Sep 11, 2023
Non-Jury Verdict
District
Blaine County, ID
B1b- Divorce Without Minor Children
Family
Divorce,Separation
Sep 07, 2023
Dismissal
District
Bonner County, ID
AA6 Personal Injury (more than $10,000)
Torts
Personal Injury
Sep 06, 2023
Active - Pending
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 16, 2023
Case Taken Under Advisement
Bannock County
Bannock County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 15, 2023
Non-Jury Verdict
District
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 14, 2023
Non-Jury Verdict
District
Boise County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Aug 08, 2023
Non-Jury Verdict
District
Twin Falls County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
AA- All Initial District Court Filings (Not E, F, and H1)
Jul 24, 2023
Active
Jerome County
Jerome County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jul 19, 2023
Active
Twin Falls County
Twin Falls County, ID
AA6 Personal Injury (more than $10,000)
Torts
Personal Injury
Jul 17, 2023
Non-Jury Verdict
District
Twin Falls County, ID
G1a- Guardianship (Minor)
Probate
Guardianship,Conservatorship
Jul 17, 2023
Non-Jury Verdict
District
Nez Perce County, ID
AA4 Real Property (more than $10,000)
Property
General Property
Jul 17, 2023
Closed
District
Twin Falls County, ID
A6- Application for Informal Probate
Probate
General Probate
Jul 17, 2023
Non-Jury Verdict
Blaine County
Blaine County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Jul 17, 2023
Active
Gem County
Gem County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jul 13, 2023
Active
Cassia County
Cassia County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
AA4 Real Property (more than $10,000)
Property
General Property
Jul 07, 2023
Non-Jury Verdict
District
Blaine County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Jul 05, 2023
Active
Idaho County
Idaho County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jun 30, 2023
Active
Bonneville County
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jun 29, 2023
Non-Jury Verdict
Boundary County
Boundary County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
AA6 Personal Injury (more than $10,000)
Torts
Personal Injury
Jun 26, 2023
Active
District
Clearwater County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jun 22, 2023
Active
Canyon County
Canyon County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jun 21, 2023
Active
Boundary County
Boundary County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
AA- All Initial District Court Filings (Not E, F, and H1)
Jun 15, 2023
Closed
Twin Falls County
Twin Falls County, ID
A6- Application for Informal Probate
Probate
General Probate
Jun 14, 2023
Appealed
Bonner County
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jun 06, 2023
Active
Payette County
Payette County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Jun 05, 2023
Active
District
Blaine County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 22, 2023
Active
Elmore County
Elmore County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
May 22, 2023
Active
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 17, 2023
Active
Valley County
Valley County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 15, 2023
Judgment (Other)
Bonneville County
Bonneville County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
May 12, 2023
Active
Bonner County
Bonner County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
AA- All Initial District Court Filings (Not E, F, and H1)
May 11, 2023
Non-Jury Verdict
Bonneville County
Bonneville County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
May 11, 2023
Non-Jury Verdict
Bonneville County
Bonneville County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
May 08, 2023
Judgment (Other)
Bannock County
Bannock County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
May 05, 2023
Dismissal
District
Bonner County, ID
AA4 Real Property (more than $10,000)
Property
General Property
May 05, 2023
Judgment (Other)
Franklin County
Franklin County, ID
A5- Petition for Formal Probate
Probate
General Probate
May 05, 2023
Active
Kootenai County
Kootenai County, ID
A12- Unlawful Detainer/Eviction
Property
Unlawful Detainer
May 04, 2023
Non-Jury Verdict
Lemhi County
Lemhi County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 04, 2023
Bankruptcy
District
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
May 02, 2023
Active
Twin Falls County
Twin Falls County, ID
G3b- Joint Petition Guard/Conserv (Incap) Same Party
Family
Divorce,Separation
Apr 27, 2023
Active
Canyon County
Canyon County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 25, 2023
Active
District
Blaine County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Apr 25, 2023
Non-Jury Verdict
District
Bannock County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 24, 2023
Active
Custer County
Custer County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Apr 20, 2023
Non-Jury Verdict
Bannock County
Bannock County, ID
B1b- Divorce Without Minor Children
Family
Divorce,Separation
Apr 19, 2023
Non-Jury Verdict
District
Twin Falls County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 17, 2023
Non-Jury Verdict
District
Latah County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 17, 2023
Active
Cassia County
Cassia County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Apr 17, 2023
Judgment on the Pleadings
Bonneville County
Bonneville County, ID
AA3 Employment Dispute (more than $10,000)
Labor and Employment
General Employment
Apr 14, 2023
Non-Jury Verdict
Hon. Eddins, Faren Z.
Jefferson County
Jefferson County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 12, 2023
Non-Jury Verdict
Ada County
Ada County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 12, 2023
Active
Nez Perce County
Nez Perce County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 11, 2023
Active
Gooding County
Gooding County, ID
AA2 Breach of Contract (more than $10,000)
Commercial
Breach of Contract
Apr 10, 2023
Closed
District
Twin Falls County, ID
A6- Application for Informal Probate
Probate
General Probate
Apr 07, 2023
Active
Canyon County
Canyon County, ID
B1a- Divorce With Minor Children
Family
Divorce,Separation
Apr 05, 2023
Active
Canyon County
Canyon County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Apr 03, 2023
Active
Bonneville County
Bonneville County, ID
AA5 Medical Malpractice (more than $10,000)
Torts
Malpractice
Mar 30, 2023
Active
Canyon County
Canyon County, ID
A9- Child Support /Custody (Unless filed by DHW)
Family
Child Support
Mar 29, 2023
Judgment (Other)
Bonneville County
Bonneville County, ID
A6- Application for Informal Probate
Probate
General Probate
Mar 28, 2023
Active
Canyon County
Canyon County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 27, 2023
Dismissal
Canyon County
Canyon County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 24, 2023
Active
Hon. Boyce (District), Steven
Madison County
Madison County, ID
AA4 Real Property (more than $10,000)
Property
General Property
Mar 23, 2023
Summary Judgment
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 22, 2023
Active
Hon. Duggan (District), Barbara
Benewah County
Benewah County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 21, 2023
Active
Bonneville County
Bonneville County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 17, 2023
Active
Hon. O'Neill, Derrick
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
AA- All Initial District Court Filings (Not E, F, and H1)
Mar 15, 2023
Non-Jury Verdict
Bonneville County
Bonneville County, ID
G1a- Guardianship (Minor)
Probate
Guardianship,Conservatorship
Mar 15, 2023
Appealed
Ada County
Ada County, ID
AA- All Initial District Court Filings (Not E, F, and H1)
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