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28 Strike is based on extrinsic evidence outside of the pleadings, that the complaint alleges sufficient
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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
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Strike should be denied.
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The Opposition shall be based on this Opposition, the attached Memorandum of Points and
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Authorities, on the complete files and records of this action, and on such other oral and/or
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Dated________________ _______________________________________________
10 ANY ATTORNEY OR PARTY
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MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS
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BEFORE THE HEARING. Court days means Monday through
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20 Friday, except for Court holidays. You should serve your opposition by
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personal delivery or overnight mail. See Code of Civil Procedure
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OPPOSITION TO MOTION TO STRIKE PUNITIVE DAMAGES
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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This case arises out of: Add information here to inform the Court of the circumstances of
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the particular case, such as relationship between parties, etc.
7 Plaintiffs complaint alleges that: Add information here from the actual complaint such as
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Do NOT just use the wording here unless it definitely applies to your
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particular situation.
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https://legaldocspro.myshopify.com/products/sample-
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opposition-to-motion-to-strike-punitive-damages-in-california
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OPPOSITION TO MOTION TO STRIKE PUNITIVE DAMAGES