This sample motion to strike punitive damages allegations in California is used when the complaint includes only boilerplate and conclusory allegations in support of a request for punitive damages and/or improperly states the amount of punitive damages that are sought. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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,
Plaintiffs
vs.
Any Defendant,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No.
NOTICE OF MOTION AND MOTION TO STRIKE
PORTIONS OF COMPLAINT; MEMORANDUM
OF POINTS AND AUTHORITIES
DATE:
TIME:
DEPT:
1TO _____________________________________________AND THEIR ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE that on __________ at ___.M, or as soon thereafter as the matter
may be heard, in Department ___ of the above entitled court, located at
______________________________Defendants, (“Defendants”) will and hereby do move this Court
for an order striking portions of the Complaint of Plaintiffs (“Plaintiff”), on file herein, namely the
portions on LIST HERE THE PAGE NUMBER, PARAGRAPH NUMBER AND THE LINE
NUMBERS OF THE PORTIONS TO BE STRICKEN AND INCLUDING THE EXACT
- 1 -
NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE PORTIONS OF COMPLAINT

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
WORDING THAT YOU WANT STRICKEN SUCH AS: page __ of the complaint at
Paragraph__ at lines ___through ___where it states that, “Defendant’s active concealment and
nondisclosure constitute fraud and malice. Plaintiffs request that the court assess punitive and
exemplary damages against Defendants to prevent future misconduct by Defendants and other
similarly situated in an amount not less than one $500,000.00.”, the prayer portion of the complaint
on page __ at Item __ where it requests “For Exemplary and Punitive Damages in an amount not less
than Five Hundred Thousand Dollars.”, the prayer portion of the complaint on page __ at Item __
where it requests “For an award of attorney’s fees.”
The grounds for this Motion to Strike are set forth below.
MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
This Motion to Strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds
that Plaintiffs have failed to allege sufficient facts to entitle them to an award of punitive and
exemplary damages, that Civil Code section 3295, subdivision (e), provides: "No claim for
exemplary damages shall state an amount or amounts and therefore the portions of the complaint that
state an amount or amounts of exemplary damages should be stricken, and that nowhere in the
complaint does plaintiff allege facts sufficient to entitle them to an award of attorney’s fees, the
relevant portions to be stricken are:
1. The portion on LIST HERE THE PAGE NUMBER, PARAGRAPH NUMBER
AND THE LINE NUMBERS OF THE PORTIONS TO BE STRICKEN AND INCLUDING
THE EXACT WORDING THAT YOU WANT STRICKEN SUCH AS: page __ of the complaint
at Paragraph at lines ___through ___where it states that, “Defendant’s active concealment and
nondisclosure constitute fraud and malice. Plaintiffs request that the court assess punitive and
- 2 -
NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE PORTIONS OF COMPLAINT

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
exemplary damages against Defendants to prevent future misconduct by Defendants and other
similarly situated in an amount not less than one $500,000.00
- 3 -
NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE PORTIONS OF COMPLAINT