1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) OPPOSITION TO SPECIAL MOTION TO STRIKE;
) MEMORANDUM OF POINTS AND
13 vs. ) AUTHORITIES; DECLARATION OF __________,
) EXHIBITS
14 Any Defendants, and DOES 1-5, inclusive, )
) DATE:
15 Defendants. ) TIME:
) DEPT:
16 )
)
17 )
)
18 )

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OPPOSITION TO SPECIAL MOTION TO STRIKE
 1 Be sure to remove this notice and all other notices before using
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this document.
4 _____________________________________ herein submits their Opposition to Defendants
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special motion to strike on the grounds that, (1) it is untimely as it was filed more than 60 days after
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service of the complaint on the Defendant in violation of Code of Civil Procedure 425.16(f). The
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summons and complaint were served on the Defendant on DATE COMPLAINT SERVED yet the

9 motion was not filed until DATE MOTION FILED, a period of ___ days; (2) defendant has failed

10 to meet their burden of making a threshold showing that the challenged causes of action are ones
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arising from protected activity in that LIST HERE THE FACTS SUPPORTING YOUR
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CONTENTION THAT THE DEFENDANT HAS NOT SHOWN THAT THE CHALLENGED
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CAUSES OF ACTION ARISE FROM PROTECTED ACTIVITY, and (3) the motion should be
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15 denied as Plaintiff can show a reasonable probability of prevailing on their causes of action for LIST

16 CAUSES OF ACTION in that LIST HERE THE FACTS SUPPORTING YOUR

17
CONTENTION THAT YOU HAVE A REASONABLE PROBABILITY OF PREVAILING ON
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YOUR CAUSES OF ACTION.
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The Opposition shall be based on this Opposition, the attached Memorandum of Points and
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21 Authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and

22 records of this action, and on such other oral and/or documentary evidence as may be presented at the
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hearing on the Motion.
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25 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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OPPOSITION TO SPECIAL MOTION TO STRIKE
 1 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation. Remember that YOUR OPPOSITION
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6 MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS

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BEFORE THE HEARING. Court days means Monday through
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9 Friday, except for Court holidays. You should serve your opposition by
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personal delivery or overnight mail. See Code of Civil Procedure
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Section 1005 for more details.
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17 special-motion-to-strike-in-california
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OPPOSITION TO SPECIAL MOTION TO STRIKE