On April 06, 2018 a
Complaint,Petition
was filed
involving a dispute between
Lopez, Briceida,
Solis, Jose,
and
Amerigas, Inc., A Corporation,
Amerigas Propane, Inc, A Corporation,
Amerigas Propane, L.P., A Business Entity,
Bonifacio, Paul,
Does One Through One-Hundred, Inclusive,
Hyun, Margaret,
for (24) Unlimited Product Liability
in the District Court of San Mateo County.
Preview
Case Number: 18-CIV-01696
SUPERIOR COURT OF SAN MATEO COUNTY
400 County Center 1050 Mission Road
Redwood City, CA 94063 South San Francisco, CA 94080
www.sanmateocourt.org
Minute Order
BRICEIDA LOPEZ, et al vs. PAUL BONIFACIO, et al 18-CIV-01696
07/10/2019 9:00 AM
Motion to Amend
Hearing Result: Held
Judicial Officer: Davis, III, Leland Location: Courtroom 4C
Courtroom Clerk: Sarai Goulart Courtroom Reporter: Annette Jaycox
Parties Present
Exhibits
Minutes
Journals
- 9:05 Matter called.
Appearance made on behalf of: Briceida Lopez by attorney: Valerie Rose.
Appearance made on behalf of: Paul Bonifacio by attorney: Julie Azevedo.
Appearance made on behalf of: AmeriGas by attorney: Keith Gillette and James Hultquist.
Argument presented by counsel. Matter submitted.
Case Events
- Tentative ruling adopted and becomes order:;
PLAINTIFFS' MOTION TO AMEND THE COMPLAINT TO INCLUDE A CLAIM FOR PUNITIVE DAMAGES AND
EXEMPLARY DAMAGES.
Plaintiffs' motion for leave to file a Second Amended Complaint is granted.
Punitive damages may be recovered in a claim for negligence when the alleged acts constitute reckless
misconduct. (Donnelly v. Southern Pacific Co. (1941) 18 Cal.2d 863, 869-70; Cent. Pathology Serv. Med.
Clinic, Inc. v. Superior Court (1992) 3 Cal. 4th 181, 190.) The allegations of "willful and conscious
disregard" (para. 41, 49, 50) are not mere conclusions. They are supported by allegations of specific fact
that AMERIGAS knew the pipes were non-compliant with the ordinance and that continuing to fill the
tanks was dangerous. (Proposed SAC paras. 36-39, 47, 48.)
Allegations of director/officer approval/ratification are required only when the Defendant corporation is
sued in its capacity as an "employer" of a wrongdoer, and the claim for punitive damages is "based upon
acts of an employee." (Civ. Code sect. 3294, subd. (b).) Plaintiff does not allege that AMERIGAS's liability
is based on acts of an employee. Rather, Plaintiff alleges that Defendant AMERIGAS itself committed the
1
Case Number: 18-CIV-01696
wrongful act. The "officer, director, or managing agent" pleading requirement of section 3294(b) does
not apply.
When the wrongful acts is the act of the corporation the allegation of approval/ratification is
unnecessary. "When the entire organization is involved in the acts that constitute malice, there is no
danger that a blameless corporation will be punished for bad acts over which it had no control, the
primary goal of the 'managing agent' requirement. (Romo v. Ford Motor Co. (2002) 99 Cal.App.4th 1115,
1140.) Plaintiffs allege that AMERIGAS, as a corporation, committed the wrongful acts not just on the
property at issue, but other properties as well. The allegation implies that the wrongful act was not an
isolated occurrence by an employee, but a corporate act.
Permitting the amendment will not cause undue prejudice to any party.
Plaintiffs shall file and serve the Second Amended Complaint no later than July 17, 2019, or five days
after service of written notice of this ruling, whichever is later.
If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for
Plaintiff shall prepare a written order consistent with the Court's ruling for the Court's signature,
pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties
who have appeared in the action, as required by law and the California Rules of Court.
Others
Comments:
Future Hearings and Vacated Hearings
July 16, 2019 9:00 AM Discovery Conference
Greenberg, Susan
Courtroom 2B
July 26, 2019 9:00 AM Application to Appear as Counsel Pro Hac Vice
Davis, III, Leland
Goulart, Sarai
Courtroom 4C
November 04, 2019 1:30 PM Mandatory Settlement Conference
Grandsaert, John L.
Courtroom 2D
November 18, 2019 9:00 AM Jury Trial
Master Calendar, -
2
Document Filed Date
July 10, 2019
Case Filing Date
April 06, 2018
Category
(24) Unlimited Product Liability
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Preview
Case Number: 18-CIV-01696 SUPERIOR COURT OF SAN MATEO COUNTY 400 County Center 1050 Mission Road Redwood City, CA 94063 South San Francisco, CA 94080 www.sanmateocourt.org Minute Order BRICEIDA LOPEZ, et al vs. PAUL BONIFACIO, et al 18-CIV-01696 07/10/2019 9:00 AM Motion to Amend Hearing Result: Held Judicial Officer: Davis, III, Leland Location: Courtroom 4C Courtroom Clerk: Sarai Goulart Courtroom Reporter: Annette Jaycox Parties Present Exhibits Minutes Journals - 9:05 Matter called. Appearance made on behalf of: Briceida Lopez by attorney: Valerie Rose. Appearance made on behalf of: Paul Bonifacio by attorney: Julie Azevedo. Appearance made on behalf of: AmeriGas by attorney: Keith Gillette and James Hultquist. Argument presented by counsel. Matter submitted. Case Events - Tentative ruling adopted and becomes order:; PLAINTIFFS' MOTION TO AMEND THE COMPLAINT TO INCLUDE A CLAIM FOR PUNITIVE DAMAGES AND EXEMPLARY DAMAGES. Plaintiffs' motion for leave to file a Second Amended Complaint is granted. Punitive damages may be recovered in a claim for negligence when the alleged acts constitute reckless misconduct. (Donnelly v. Southern Pacific Co. (1941) 18 Cal.2d 863, 869-70; Cent. Pathology Serv. Med. Clinic, Inc. v. Superior Court (1992) 3 Cal. 4th 181, 190.) The allegations of "willful and conscious disregard" (para. 41, 49, 50) are not mere conclusions. They are supported by allegations of specific fact that AMERIGAS knew the pipes were non-compliant with the ordinance and that continuing to fill the tanks was dangerous. (Proposed SAC paras. 36-39, 47, 48.) Allegations of director/officer approval/ratification are required only when the Defendant corporation is sued in its capacity as an "employer" of a wrongdoer, and the claim for punitive damages is "based upon acts of an employee." (Civ. Code sect. 3294, subd. (b).) Plaintiff does not allege that AMERIGAS's liability is based on acts of an employee. Rather, Plaintiff alleges that Defendant AMERIGAS itself committed the 1 Case Number: 18-CIV-01696 wrongful act. The "officer, director, or managing agent" pleading requirement of section 3294(b) does not apply. When the wrongful acts is the act of the corporation the allegation of approval/ratification is unnecessary. "When the entire organization is involved in the acts that constitute malice, there is no danger that a blameless corporation will be punished for bad acts over which it had no control, the primary goal of the 'managing agent' requirement. (Romo v. Ford Motor Co. (2002) 99 Cal.App.4th 1115, 1140.) Plaintiffs allege that AMERIGAS, as a corporation, committed the wrongful acts not just on the property at issue, but other properties as well. The allegation implies that the wrongful act was not an isolated occurrence by an employee, but a corporate act. Permitting the amendment will not cause undue prejudice to any party. Plaintiffs shall file and serve the Second Amended Complaint no later than July 17, 2019, or five days after service of written notice of this ruling, whichever is later. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court. Others Comments: Future Hearings and Vacated Hearings July 16, 2019 9:00 AM Discovery Conference Greenberg, Susan Courtroom 2B July 26, 2019 9:00 AM Application to Appear as Counsel Pro Hac Vice Davis, III, Leland Goulart, Sarai Courtroom 4C November 04, 2019 1:30 PM Mandatory Settlement Conference Grandsaert, John L. Courtroom 2D November 18, 2019 9:00 AM Jury Trial Master Calendar, - 2