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Any Attorney or Party
Any Street
Any Town, CA 55555

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714-555-5555

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Any Attorney or Party

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Superior Co...
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TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE that on _______________ at ________.m. ...
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MEMORANDUM OF POINTS AND AUTHORITIES

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I.

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STATEMENT OF FACTS

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This case arises from DESCRIBE CASE HERE SUCH AS...
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II.

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ARGUMENT

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THE COURT SHOULD STRIKE SPECIFY WHAT SHOULD BE STRICKEN HERE

SUCH AS WHOLE COMPLAINT OR...
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Sample special motion to strike for California

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This sample special motion to strike for California is also known as an anti-SLAPP motion and is made pursuant to Code of Civil Procedure section 425.16 on the grounds that the lawsuit filed against the defendant or cross-defendant be stricken as it is a SLAPP suit and that the lawsuit arises from an act or acts of the defendant in furtherance of the their right of petition or free speech under the United States or California Constitution in connection with a public issue. The term SLAPP is an acronym for a strategic lawsuit against public participation. The sample on which this preview is based is 12 pages and includes brief instructions, memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.

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Sample special motion to strike for California

  1. 1. 2 Any Attorney or Party Any Street Any Town, CA 55555 3 714-555-5555 4 Any Attorney or Party 1 5 6 7 8 Superior Court of the State of California 9 For the County of _________________ 10 11 Any Plaintiff, 12 13 14 Plaintiff, vs. Any Defendant, and DOES 1-5 15 Defendants. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. MOTION AND NOTICE OF HEARING ON SPECIAL MOTION TO STRIKE COMPLAINT FOR _________________; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF __________; EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit 20 21 22 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. 23 24 25 26 27 To view sample document packages sold by LegalDocsPro visit: http://www.legaldocspro.com/downloads.aspx Be sure to remove this notice and all other notices before using this document. 28 - 1 –
  2. 2. 1 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on _______________ at ________.m. or as soon thereafter as 3 4 5 6 the matter may be heard in Department ____ of the above-entitled court located at _______________________________, ______________ will and hereby does move this Court for an order pursuant to Code of Civil Procedure § 425.16 striking SPECIFY HERE IF THE 7 WHOLE COMPLAINT OR CERTAIN CAUSES OF ACTION. The motion will be made on the 8 ground that the cause(s) of action alleged against the defendant arise(s) from an act of the defendant 9 10 11 12 13 14 15 16 in furtherance of the defendant's right of free speech under the United States or California Constitution in connection with a public issue and that such right will be chilled if the SPECIFY HERE IF THE WHOLE COMPLAINT OR CERTAIN CAUSES OF ACTION is allowed to stand and plaintiff is allowed to continue prosecuting it. This motion will be based on this notice of motion, the attached points and authorities, the declaration of ____________________, and Exhibits, and upon such oral and documentary evidence as may be presented by the moving party at the time of the hearing. 17 18 19 DATED: ______________________ LAW OFFICES OF SAMPLE ATTORNEY 20 21 22 By_______________________________________ Attorney for _____________________ 23 24 25 26 27 28 - 2 –
  3. 3. 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. 3 STATEMENT OF FACTS 4 This case arises from DESCRIBE CASE HERE SUCH AS BREACH OF CONTRACT, 5 6 TORT, ETC. 7 Plaintiff’s complaint contains causes of action for LIST ALL CAUSES OF ACTION. 8 Defendant(s) contend that the SPECIFY HERE IF THE WHOLE COMPLAINT OR 9 10 11 12 CERTAIN CAUSES OF ACTION should be stricken on the grounds that the cause(s) of action alleged against the defendant arise(s) from an act of the defendant in furtherance of the defendant's right of petition and/or free speech under the United States or California Constitution in connection 13 with a public issue and that such right will be chilled if the SPECIFY HERE IF THE WHOLE 14 COMPLAINT OR CERTAIN CAUSES OF ACTION is allowed to stand and plaintiff is allowed 15 to continue prosecuting it. 16 Defendant contends that the following acts were made in furtherance of their right of petition 17 18 and/or free speech under the United States or California Constitution in connection with a public 19 issue, LIST HERE IN DETAIL EXACTLY WHAT ACTS YOU ALLEGE WERE MADE IN 20 FURTHERANCE OF YOUR RIGHTS. See the declaration of ________ and Exhibits attached 21 thereto concurrently filed and served herewith and incorporated herein by reference. 22 Be sure to modify these paragraphs to suit your individual 23 24 situation. Do NOT just use the wording here unless it definitely applies 25 26 to your particular situation. 27 /// 28 - 3 –
  4. 4. 1 II. 2 ARGUMENT 3 4 5 6 A. THE COURT SHOULD STRIKE SPECIFY WHAT SHOULD BE STRICKEN HERE SUCH AS WHOLE COMPLAINT OR CAUSES OF ACTION BECAUSE DEFENDANT'S CONSTITUTIONAL RIGHT[S] OF PETITION AND FREE SPEECH WILL BE CHILLED 7 IF IT IS ALLOWED TO STAND AND PLAINTIFF IS ALLOWED TO CONTINUE 8 PROSECUTING IT 9 10 11 12 Defendant contends that the lawsuit filed by plaintiff is a strategic lawsuit against public participation (SLAPP) and that the court should strike LIST HERE WHETHER THE ENTIRE COMPLAINT OR CERTAIN CAUSES OF ACTION SHOULD BE STRICKEN on the grounds 13 that their right of free speech under the United States or California Constitution in connection with a 14 public issue and that such right will be chilled if the SPECIFY HERE IF THE WHOLE 15 COMPLAINT OR CERTAIN CAUSES OF ACTION is allowed to stand and plaintiff is allowed 16 to continue prosecuting it. 17 18 A cause of action against a person arising from any act of that person in furtherance of the 19 person's constitutional right of petition or free speech in connection with a public issue is subject to a 20 special motion to strike unless plaintiff establishes that there is a probability that plaintiff will prevail 21 on the claim. See Code Civ. Proc. § 425.16(b). Code of Civil Procedure § 425.16 is to be construed 22 broadly. See Code Civ. Proc. § 425.16(a). 23 24 25 26 To view the sample document on which this preview is based visit: http://www.scribd.com/doc/202483403/Sample-Special-Motion-toStrike-for-California 27 28 - 4 –

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