
Sample Opposition to Special Motion to Strike in California
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Sample Opposition to Special Motion to Strike in California.
This sample opposition to a special motion to strike in California is designed to oppose a special motion to strike on the grounds that,
- (1) The special motion to strike 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 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,
- Sample declaration, and
- Proof of service.
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.