Opposing a request for an order striking punitive damages allegations in California is the topic of this blog post.
If you have been served with a motion for an order striking punitive damages allegations in California you should closely review the motion as soon as possible to determine what grounds for opposition exist.
Any documents opposing a request for an order striking punitive damages allegations in California should be served and filed at least nine (9) Court days before the hearing. You also need to remember that your opposition should be served by personal service, overnight mail or a courier service that provides overnight delivery under the provisions of Code of Civil Procedure section 1005.
Grounds for opposing an order striking punitive damages allegations in California.
The most common ground for opposing an order striking punitive damages allegations in California are:
The complaint or cross-complaint does allege sufficient facts to state a claim for punitive damages;
the motion to strike alleges a higher pleading standard for punitive damage claims that is no longer recognized by case law in California as the general rule now is that as long as the pleading generally pleads facts stating a claim for malice, fraud, or oppression, then the claim for punitive damages is properly stated.
The motion to strike relies on extrinsic evidence that cannot be considered in ruling on a motion to strike.
No motion to strike can be based on affidavits, declarations, or any other matters outside the four corners of the pleading containing extrinsic evidence that allegations in the complaint are false or a sham; such challenges only lie on the face of the complaint. The only exception is evidence that may or must be judicially noticed by the court.
The California Courts of Appeal have stated in published decisions that courts should indulge in great liberality in permitting amendment of pleadings so that no litigant shall be deprived of his day in court because of technicalities and that the court should liberally exercise its discretion in allowing amendments so that the cause may be decided on the merits.
Sample opposition to a motion for an order striking punitive damages allegations in California for sale.
Attorneys or parties in California who wish to view a portion of a sample opposition to a motion for an order striking punitive damages allegations sold by the author please see below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.