Sample Opposition to Motion to Strike

1 Any Plaintiff

Any Street

2 Any Town, CA 55555



3 714-555-5555



4 Plaintiff, In Pro Per



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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 MOTION TO STRIKE;

) MEMORANDUM OF POINTS AND

13 vs. ) AUTHORITIES

)

14 Any Defendant, and DOES 1-5 ) DATE:

) TIME:

15 Defendants. ) DEPT:

)

16 )

)

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18 Plaintiff, _____________________________________ herein submits its Opposition to

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Defendants ________________________ Motion to Strike its Complaint. _____________opposes

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Defendants ________________________ Motion to Strike on the grounds that Defendant Motion to

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Strike is based on extrinsic evidence outside of the pleadings, and also alleges a higher pleading

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23 standard for punitive damage claims that is no longer recognized by case law. Thus the Motion to



24 Strike should be denied.

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OPPOSITION TO MOTION TO STRIKE

1 The Opposition shall be based on this Opposition, the attached Memorandum of Points and



2 Authorities, on the complete files and records of this action, and on such other oral and/or

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documentary evidence as may be presented at the hearing on the Motion.

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Dated________________ _______________________________________________

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ANY ATTORNEY OR PARTY

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8 Be sure to modify these paragraphs to suit your individual situation. Do NOT just

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use the wording here unless it definitely applies to your particular situation. Remember that

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YOUR OPPOSITION MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS

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BEFORE THE HEARING. Court days means Monday through Friday, except for Court

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13 holidays. You should serve your opposition by personal delivery or overnight mail. See Code of



14 Civil Procedure Section 1005 for more details.

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OPPOSITION TO MOTION TO STRIKE

1 MEMORANDUM OF POINTS AND AUTHORITIES



2 I.

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STATEMENT OF FACTS

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This case arises out of: Add information here to inform the Court of the circumstances of

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the particular case, such as relationship between parties, etc.

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7 Plaintiffs complaint alleges that: Add information here from the actual complaint such as



8 brief description of causes of action, facts alleged, etc.

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Plaintiff that Defendants Motion to Strike is based on extrinsic evidence outside of the

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pleadings, and also alleges a higher pleading standard for punitive damage claims that is no longer

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recognized by case law. Therefore