[COURT NAME]
[COUNTY], [STATE]
[PLAINTIFF NAME], )
Plaintiff, )
) Case No. [CASE NUMBER]
v. )
)
[DEFENDANT NAME], )
Defendant. )
MOTION TO STRIKE (ANTI-SLAPP)
NOTICE OF MOTION AND MOTION
PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, Defendant [DEFENDANT NAME] will and hereby does move to strike the complaint under [ANTI-SLAPP STATUTE].
MEMORANDUM OF POINTS AND AUTHORITIES
I. Introduction
The complaint arises from Defendant's protected activity and Plaintiff cannot demonstrate a probability of prevailing. The Court should strike the complaint and award fees.
II. Legal Standard
Anti-SLAPP analysis has two steps: (1) the moving party shows the challenged claims arise from protected activity; and (2) the plaintiff must show a probability of prevailing.
III. Argument
A. The complaint arises from protected activity.
[Describe the protected speech or petitioning activity.]
B. Plaintiff cannot establish a probability of prevailing.
[Explain why the claims fail as a matter of law or lack evidentiary support.]
IV. Discovery Stay
Discovery is stayed upon filing of this motion, except as permitted by statute and court order.
V. Requested Relief
Defendant requests that the Court:
1. Strike the complaint or specified causes of action.
2. Award attorney fees and costs as required by statute.
3. Grant any other relief the Court deems just.
CONCLUSION
For the foregoing reasons, the Court should grant the anti-SLAPP motion.
Respectfully submitted,
text
Dated: [DATE]
______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for Defendant