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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, ) MOTION AND NOTICE OF HEARING ON
) SPECIAL MOTION TO STRIKE COMPLAINT
13 vs. ) FOR _________________; MEMORANDUM OF
) POINTS AND AUTHORITIES; DECLARATION OF
14 Any Defendant, and DOES 1-5 ) __________; EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18 )

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1 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______________ at ________.m. or as soon thereafter as
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the matter may be heard in Department ____ of the above-entitled court located at
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_______________________________, ______________ will and hereby does move this Court
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for an order pursuant to Code of Civil Procedure 425.16 striking SPECIFY HERE IF THE

7 WHOLE COMPLAINT OR CERTAIN CAUSES OF ACTION. The motion will be made on the

8 ground that the cause(s) of action alleged against the defendant arise(s) from an act of the defendant
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in furtherance of the defendant's right of free speech under the United States or California
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Constitution in connection with a public issue and that such right will be chilled if the
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SPECIFY HERE IF THE WHOLE COMPLAINT OR CERTAIN CAUSES OF ACTION is
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13 allowed to stand and plaintiff is allowed to continue prosecuting it.

14 This motion will be based on this notice of motion, the attached points and authorities, the
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declaration of ____________________, and Exhibits, and upon such oral and documentary evidence
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as may be presented by the moving party at the time of the hearing.
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DATED: ______________________
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19 LAW OFFICES OF SAMPLE ATTORNEY

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By_______________________________________
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Attorney for _____________________
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1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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This case arises from DESCRIBE CASE HERE SUCH AS BREACH OF CONTRACT,
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TORT, ETC.

7 Plaintiffs complaint contains causes of action for LIST ALL CAUSES OF ACTION.

8 Defendant(s) contend that the SPECIFY HERE IF THE WHOLE COMPLAINT OR


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CERTAIN CAUSES OF ACTION should be stricken on the grounds that the cause(s) of action
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alleged against the defendant arise(s) from an act of the defendant in furtherance of the defendant's
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right of petition and/or free speech under the United States or California Constitution in connection
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13 with a public issue and that such right will be chilled if the SPECIFY HERE IF THE WHOLE

14 COMPLAINT OR CERTAIN CAUSES OF ACTION is allowed to stand and plaintiff is allowed


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to continue prosecuting it.
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motion-to-strike-for-california-under-code-of-civil-procedure-
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