Sample Pleading - Order Granting 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. ____________

ORDER GRANTING

v. DEFENDANT’S SPECIAL

MOTION TO STRIKE

ROE, PLAINTIFF’S COMPLAINT

AS SLAPP SUIT

Defendant [CODE CIV. PROC. §425.16]

_______________________________________/ Date: _________________________

Time: ________________________

Dept: _________________________

Complaint Filed:________________

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:

The hearing on defendant ____________________’s special motion to strike pursuant to Code of Civil Procedure section 425.16 came on regularly for hearing at 8:30 a.m. in Department ___ of this court, the Honorable ________________________ presiding. Plaintiff appeared through his counsel of record, [attorney’s name and firm’s name]. Defendant appeared through his counsel of record, [attorney’s name and firm’s name]. After reviewing and considering the pleadings, papers and evidence filed in support of and in opposition to the motion, and after hearing and considering the arguments of counsel, the court rules as follows:

The court finds that the pleaded facts which give rise to the specific causes of action are that ___________________________________________________________

____________________________________________________________________________________________________________________________________________________________________________________. The court finds that these events constitute acts or conduct in furtherance of a person’s right of free speech under the United States or California Constitution, as defined in Code of Civil Procedure section 425.16, subdivision (e), and the cases interpreting that subdivision. Accordingly, the court finds that these claims against the attorney defendants arise out of acts or conduct in furtherance of the right of free speech in connection with a public issue, and are therefore subject to a special motion to strike under Code of Civil...