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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendants, and DOES 1-5, inclusive,
Defendants.
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Case No.
OPPOSITION TO SPECIAL MOTION TO
STRIKE; MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF __________,
EXHIBITS
DATE:
TIME:
DEPT:
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OPPOSITION TO SPECIAL MOTION TO STRIKE

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Be sure to remove this notice and all other notices before using
this document.
1 _____________________________________ herein submits their Opposition to Defendant’s
special motion to strike on the grounds that, (1) it is untimely as it was filed more than 60 days after
service of the complaint on the Defendant in violation of Code of Civil Procedure § 425.16(f). The
summons and complaint were served on the Defendant on DATE COMPLAINT SERVED yet the
motion was not filed until DATE MOTION FILED, a period of ___ days; (2) defendant has failed
to meet their burden of making a threshold showing that the challenged causes of action are ones
arising from protected activity in that LIST HERE THE FACTS SUPPORTING YOUR
CONTENTION THAT THE DEFENDANT HAS NOT SHOWN THAT THE CHALLENGED
CAUSES OF ACTION ARISE FROM PROTECTED ACTIVITY, and (3) the motion should be
denied as Plaintiff can show a reasonable probability of prevailing on their causes of action for LIST
CAUSES OF ACTION in that LIST HERE THE FACTS SUPPORTING YOUR
CONTENTION THAT YOU HAVE A REASONABLE PROBABILITY OF PREVAILING
ON YOUR CAUSES OF ACTION.
The Opposition shall be based on this Opposition, the attached Memorandum of Points and
Authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and
records of this action, and on such other oral and/or documentary evidence as may be presented at the
hearing on the Motion.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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OPPOSITION TO SPECIAL MOTION TO STRIKE

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Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Remember that YOUR OPPOSITION
MUST BE SERVED AND FILED AT LEAST NINE (9) COURT
DAYS BEFORE THE HEARING. Court days means Monday through
Friday, except for Court holidays. You should serve your opposition by
personal delivery or overnight mail. See Code of Civil Procedure
Section 1005 for more details.
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OPPOSITION TO SPECIAL MOTION TO STRIKE

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case arises from LIST CAUSES OFACTION OF COMPLAINT. Plaintiff filed suit
against Defendant____________ on or about __________. See Plaintiff’s Complaint on file with the
Court.
Defendant was served with the summons and complaint on DATE COMPLAINT SERVED.
See the proof of service filed with the Court. Defendant filed the special motion to strike on DATE
MOTION FILED requesting that the SPECIFY HERE IF THE WHOLE COMPLAINT OR
CERTAIN CAUSES OF ACTION IS BEING CHALLENGED should be stricken on the grounds
that the cause(s) of action alleged against the defendant arise from an act of the defendant in
furtherance of the defendant's right of petition and/or free speech under the United States or
California Constitution in connection with a public issue and that such right will be chilled if the
SPECIFY HERE IF THE WHOLE COMPLAINT OR CERTAIN CAUSES OF ACTION is
allowed to stand and plaintiff is allowed to continue prosecuting it.
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Motion-to-Strike-in-California
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OPPOSITION TO SPECIAL MOTION TO STRIKE