Sample California opposition to anti-SLAPP motion LegalDocsPro
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This sample opposition to a special motion to strike or anti-SLAPP motion in California is designed to oppose a special motion to strike on the grounds (1) that it is untimely in that it was filed more than 60 days after service of the summons and complaint in violation of Code of Civil Procedure section 425.16(f); (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 and (3) the motion should be denied as Plaintiff can show a reasonable probability of prevailing on their causes of action. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service.
10-31-14 ORDER GRANTING MOTION FOR RECONSIDERATIONRichard Goren
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1) Porter, an off-duty state trooper, witnessed Shea stop her vehicle abruptly in front of his neighbor Gorfinkle on a residential street.
2) Porter approached Shea's vehicle in plain clothes and identified himself as a police officer, demanding she roll down her window. Shea did not realize he was an officer and drove away.
3) Porter pursued Shea in his unmarked vehicle, catching up to her half a mile away. He then shattered her window with a flashlight and dragged her out of the vehicle while shouting obscenities.