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Opposing a motion to strike in California

Opposing a motion to strike in California is the topic of this blog post. This post will discuss the filing of an opposition to a motion to strike a complaint, or portions of a complaint in California. Any party that wants to oppose a motion to strike must served and file the opposition to the motion to strike at least nine (9) Court days before the hearing and the opposition should be served by personal service or overnight mail pursuant to Code of Civil Procedure section 1005.

Any party served with a motion to strike should carefully review the motion to determine what grounds for opposition exist. I have worked in California and Federal litigation since 1995 and I have personally seen many motions to strike that had no merit and were most likely filed merely as a delaying tactic.

No extrinsic evidence can be considered in ruling on a motion to strike. This means that the moving party cannot base a motion to strike on affidavits, declarations, or any other matters outside the four corners of the pleading containing extrinsic evidence that allegations in the complaint are false or a sham; such challenges only lie on the face of the complaint.

Although there were older cases recognized that a complaint cannot generally allege entitlement to punitive damages this is no longer the case in California so long as the pleading generally pleads facts stating a claim for malice, fraud, or oppression, then the claim for punitive damages is properly stated.

And even if a motion to strike is granted the Court will almost surely grant leave to amend.

It is often held that courts should indulge in great liberality in permitting amendment of pleadings so that no litigant shall be deprived of his day in court because of technicalities.

Moreover, it has been repeatedly and consistently held that the court should liberally exercise its discretion in allowing amendments so that the cause may be decided on the merits.

Attorneys or parties in California who wish to view a portion of a sample opposition to a motion to strike sold by the author please see below.

Attorneys or parties in California that would like more information on a California law and motion litigation document package containing over 55 sample documents including both a sample motion to strike and a sample opposition to a motion to strike can use the link shown below.

California law and motion litigation document package

The author of this article, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

View legal document packages for sale at: http://www.legaldocspro.net

Subscribe to his weekly newsletter with legal tips and tricks for California. http://www.legaldocspro.net/newsletter.htm

Copyright 2015 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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