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 _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) OPPOSITION TO MOTION TO STRIKE PUNITIVE
) DAMAGES; MEMORANDUM OF POINTS AND
13 vs. ) AUTHORITIES
)
14 Any Defendant, and DOES 1-5 ) DATE:
) TIME:
15 Defendants. ) DEPT:
)
16 )
)
17 )

18
To subscribe to my FREE weekly legal newsletter visit
19

20 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail

21
address.
22

23 Be sure to remove these notices before using this document.

24
Plaintiff, _____________________________________ herein submits its Opposition to
25
Defendants ________________________ Motion to Strike its Complaint. _____________opposes
26

27 Defendants ________________________ Motion to Strike on the grounds that Defendants Motion to

28 Strike is based on extrinsic evidence outside of the pleadings, that the complaint alleges sufficient

- 1 -
OPPOSITION TO MOTION TO STRIKE PUNITIVE DAMAGES
 1 facts to state a claim for punitive damages, and the Motion to Strike also alleges a higher pleading
2 standard for punitive damage claims that is no longer recognized by case law. Thus the Motion to
3
Strike should be denied.
4
The Opposition shall be based on this Opposition, the attached Memorandum of Points and
5

6
Authorities, on the complete files and records of this action, and on such other oral and/or

7 documentary evidence as may be presented at the hearing on the Motion.

9
Dated________________ _______________________________________________
10 ANY ATTORNEY OR PARTY

11

12 Be sure to modify these paragraphs to suit your individual

13
situation. Do NOT just use the wording here unless it definitely applies
14

15 to your particular situation. Remember that YOUR OPPOSITION

16

17
MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS
18
BEFORE THE HEARING. Court days means Monday through
19

20 Friday, except for Court holidays. You should serve your opposition by
21
personal delivery or overnight mail. See Code of Civil Procedure
22

23 section 1005 for more details.

24

25

26

27

28

- 2 -
OPPOSITION TO MOTION TO STRIKE PUNITIVE DAMAGES
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises out of: Add information here to inform the Court of the circumstances of
5

6
the particular case, such as relationship between parties, etc.

7 Plaintiffs complaint alleges that: Add information here from the actual complaint such as

8 brief description of causes of action, facts alleged, etc.

9
Plaintiff that Defendants Motion to Strike is based on extrinsic evidence outside of the
10
pleadings, and also alleges a higher pleading standard for punitive damage claims that is no longer
11
recognized by case law. Therefore the Motion to Strike should be denied.
12

13 Be sure to modify this wording to suit your individual situation.

14

15
Do NOT just use the wording here unless it definitely applies to your
16
particular situation.
17

18 To purchase the entire 11 page document visit:

19

20
https://legaldocspro.myshopify.com/products/sample-
21
opposition-to-motion-to-strike-punitive-damages-in-california
22

23

24

25

26

27

28

- 3 -
OPPOSITION TO MOTION TO STRIKE PUNITIVE DAMAGES