Sample Pleading - Notice of Special Motion to Strike

Attorney at Law

Firm Name

Address

Telephone Number

Facsimile Number

Attorney for Defendant ___________

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ________________

DOE,

Plaintiff Case No. ____________

NOTICE OF MOTION AND

v. SPECIAL MOTION TO STRIKE

PLAINTIFF’S COMPLAINT AS

ROE, SLAPP SUIT

[CODE CIV. PROC. § 425.16]

Defendant

Date: _________________________

_______________________________________/ Time: ________________________

Dept: _________________________

Complaint Filed:________________

TO PLAINTIFF AND TO HIS ATTORNEY OF RECORD:

YOU AND EACH OF YOU WILL PLEASE TAKE NOTICE that on ______________, 200__, at 8:30 a.m. or as soon thereafter as the matter may be heard in Department ____ of the above-entitled Court located at [address], defendant ____________ will move this court for an order striking plaintiff’s complaint and determining that plaintiff is a prevailing party as to plaintiff’s complaint. (Code Civ. Proc. § 425.16(c).)

This special motion is made pursuant to section 425.16 of the California Code of Civil Procedure on the grounds that the complaint arises from defendant’s alleged acts in furtherance of his constitutional rights of petition and speech and the plaintiff cannot establish probability that he will prevail on his claim.

This motion is based on this notice of motion and motion, the memorandum of points and authorities, the declarations of ______________, and the request for judicial notice filed herewith, upon the pleadings, records and files herein, and upon such other oral and documentary evidence as may be presented at the hearing of this...