Ronda Broombaugh (“Plaintiff”) filed this personal injury action on March 25, 2020, against Ronald Ritter (“Defendant”). According to the complaint, on January 10, 2020, Defendant, while intoxicated, crashed his motor vehicle into a wall adjacent to and near Plaintiff’s residence in Grover Beach. The complaint alleges that Plaintiff while exiting her residence to provide assistance, fell due to the debris strewn about from the collision. Plaintiff suffered a fractured hip that required hospitalization and surgery.
The first amended complaint (“FAC”), filed on August 28, 2020, sets forth causes of action for (1) motor vehicle negligence, and (2) intentional tort. Plaintiff also seeks punitive damages.
Currently before the Court is Defendant’s (1) demurrer to the intentional tort cause of action, and (2) Defendant’s motion to strike the claim for punitive damages. For the reasons set forth below, the Court overrules the demurrer and denies the motion to strike.
I. DEMURRER
A demurrer can