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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

7
Superior Court of the State of California
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For the County of __________________
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11 Any Plaintiff, ) Case No.


)
12 Plaintiffs ) NOTICE OF MOTION AND MOTION TO STRIKE
) PORTIONS OF COMPLAINT; MEMORANDUM OF
13 vs. ) POINTS AND AUTHORITIES; DECLARATION OF
) _________ REGARDING COMPLIANCE WITH
14 Any Defendant, ) MEET AND CONFER REQUIREMENTS OF
) CODE OF CIVIL PROCEDURE § 435.5(a)
15 Defendants. )
)
16 ) DATE:
) TIME:
17 ) DEPT:
)
18 )

19 TO _____________________________________________AND THEIR ATTORNEYS OF


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RECORD:
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PLEASE TAKE NOTICE that on __________ at ___.M, or as soon thereafter as the matter
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may be heard, in Department ___ of the above entitled court, located at
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24 ______________________________Defendants, (“Defendants”) will and hereby do move this Court

25 for an order striking portions of the Complaint of Plaintiffs (“Plaintiff”), on file herein, namely the
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portions on LIST HERE THE PAGE NUMBER, PARAGRAPH NUMBER AND THE LINE
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NUMBERS OF THE PORTIONS TO BE STRICKEN AND INCLUDING THE EXACT
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NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE PORTIONS OF COMPLAINT
1 WORDING THAT YOU WANT STRICKEN SUCH AS: page __ of the complaint at Paragraph__
2 at lines ___through ___where it states that, “Defendant’s active concealment and nondisclosure
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constitute fraud and malice. Plaintiffs request that the court assess punitive and exemplary damages
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against Defendants to prevent future misconduct by Defendants and other similarly situated in an
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amount not less than one $500,000.00.”, the prayer portion of the complaint on page __ at Item __

7 where it requests “For Exemplary and Punitive Damages in an amount not less than Five Hundred

8 Thousand Dollars.”, the prayer portion of the complaint on page __ at Item __ where it requests “For
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an award of attorney’s fees.”
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The grounds for this Motion to Strike are set forth below.
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MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
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13 This Motion to Strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds

14 that Plaintiffs have failed to allege sufficient facts to entitle them to an award of punitive and
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exemplary damages, that Civil Code section 3295, subdivision (e), provides: "No claim for
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exemplary damages shall state an amount or amounts and therefore the portions of the complaint that
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state an amount or amounts of exemplary damages should be stricken, and that nowhere in the
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19 complaint does plaintiff allege facts sufficient to entitle them to an award of attorney’s fees, the

20 relevant portions to be stricken are:


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1. The portion on LIST HERE THE PAGE NUMBER, PARAGRAPH NUMBER
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AND THE LINE NUMBERS OF THE PORTIONS TO BE STRICKEN AND INCLUDING
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THE EXACT WORDING THAT YOU WANT STRICKEN SUCH AS: page __ of the complaint
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25 at Paragraph at lines ___through ___where it states that, “Defendant’s active concealment and

26 nondisclosure constitute fraud and malice. Plaintiffs request that the court assess punitive and
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NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE PORTIONS OF COMPLAINT
1 exemplary damages against Defendants to prevent future misconduct by Defendants and other
2 similarly situated in an amount not less than one $500,000.00
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2. The prayer portion of the complaint on page __ at Item _ where it requests “For
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Exemplary and Punitive Damages in an amount not less than Five Hundred Thousand Dollars.”
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3. The prayer portion of the complaint on page __ at Item __ where it requests “For an

7 award of attorney’s fees.”

8 This motion to strike is based upon this notice and the attached motion to strike, the attached
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memorandum of points and authorities in support thereof, the attached declaration of __________
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regarding compliance with the meet and confer requirements of Code of Civil Procedure § 435.5(a),
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the complete court records on file in this action and upon such other further written or oral evidence
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13 which may be presented at the time of hearing of this motion.

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Be sure to modify these paragraphs to suit your individual
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16 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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19 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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To purchase the entire 13 page document visit:
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https://legaldocspro.myshopify.com/products/sample-motion-
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25 to-strike-punitive-damages-in-california
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NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE PORTIONS OF COMPLAINT

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