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Sample Special Motion to Strike for California under Code of Civil Procedure section 425.16
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Sample Special Motion to Strike for California under Code of Civil Procedure section 425.16.
This sample special motion to strike for California is made pursuant to Code of Civil Procedure section 425.16 on the grounds that the lawsuit filed against the defendant or cross-defendant be stricken as it is a SLAPP suit and that the lawsuit arises from an act or acts of the defendant in furtherance of the their right of petition or free speech under the United States or California Constitution in connection with a public issue.
This motion is also known as an anti-SLAPP motion technically known as a strategic lawsuit against public participation.
The sample has been revised and updated in 2019, is 12 pages and includes,
- Brief instructions,
- Memorandum of points and authorities with citations to case law and statutory authority,
- Sample declaration, 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.