Sample Motion to Strike Punitive Damages Allegations in California

Sample Motion to Strike Punitive Damages Allegations in California

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Sample Motion to Strike Punitive Damages Allegations in California.

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 has been revised and updated in 2019, is 13 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Declaration regarding compliance with the the meet and confer requirements of Code of Civil Procedure § 435.5(a), and
  • Proof of service by mail.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.