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Any Attorney or Party
Any Street
Any Town, CA 5...
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Be sure to remove this notice and all other not...
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Be sure to modify these paragraphs to suit your...
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEME...
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Sample California opposition to anti-SLAPP motion

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This sample opposition to a special motion to strike or anti-SLAPP motion in California is designed to oppose a special motion to strike on the grounds (1) that it is untimely in that it was filed more than 60 days after service of the summons and complaint in violation of Code of Civil Procedure section 425.16(f); (2) defendant has failed to meet their burden of making a threshold showing that the challenged causes of action are ones arising from protected activity and (3) the motion should be denied as Plaintiff can show a reasonable probability of prevailing on their causes of action. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service.

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Sample California opposition to anti-SLAPP motion

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendants, and DOES 1-5, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. OPPOSITION TO SPECIAL MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF __________, EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. To view over 255 sample legal documents sold by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro/documents - 1 - OPPOSITION TO SPECIAL MOTION TO STRIKE
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Be sure to remove this notice and all other notices before using this document. 1 _____________________________________ herein submits their Opposition to Defendant’s special motion to strike on the grounds that, (1) it is untimely as it was filed more than 60 days after service of the complaint on the Defendant in violation of Code of Civil Procedure § 425.16(f). The summons and complaint were served on the Defendant on DATE COMPLAINT SERVED yet the motion was not filed until DATE MOTION FILED, a period of ___ days; (2) defendant has failed to meet their burden of making a threshold showing that the challenged causes of action are ones arising from protected activity in that LIST HERE THE FACTS SUPPORTING YOUR CONTENTION THAT THE DEFENDANT HAS NOT SHOWN THAT THE CHALLENGED CAUSES OF ACTION ARISE FROM PROTECTED ACTIVITY, and (3) the motion should be denied as Plaintiff can show a reasonable probability of prevailing on their causes of action for LIST CAUSES OF ACTION in that LIST HERE THE FACTS SUPPORTING YOUR CONTENTION THAT YOU HAVE A REASONABLE PROBABILITY OF PREVAILING ON YOUR CAUSES OF ACTION. The Opposition shall be based on this Opposition, the attached Memorandum of Points and Authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and records of this action, and on such other oral and/or documentary evidence as may be presented at the hearing on the Motion. Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY - 2 - OPPOSITION TO SPECIAL MOTION TO STRIKE
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Remember that YOUR OPPOSITION MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS BEFORE THE HEARING. Court days means Monday through Friday, except for Court holidays. You should serve your opposition by personal delivery or overnight mail. See Code of Civil Procedure Section 1005 for more details. - 3 - OPPOSITION TO SPECIAL MOTION TO STRIKE
  4. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS This case arises from LIST CAUSES OFACTION OF COMPLAINT. Plaintiff filed suit against Defendant____________ on or about __________. See Plaintiff’s Complaint on file with the Court. Defendant was served with the summons and complaint on DATE COMPLAINT SERVED. See the proof of service filed with the Court. Defendant filed the special motion to strike on DATE MOTION FILED requesting that the SPECIFY HERE IF THE WHOLE COMPLAINT OR CERTAIN CAUSES OF ACTION IS BEING CHALLENGED should be stricken on the grounds that the cause(s) of action alleged against the defendant arise 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 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. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/233327452/Sample-Opposition-to-Special- Motion-to-Strike-in-California - 4 - OPPOSITION TO SPECIAL MOTION TO STRIKE

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