Brightwell v De-Jiminez Case No. 18 CV0013
The defendant’s demurrer is overruled. Even accepting that the demurrer was directed to the First Amended Complaint, a demurrer cannot be brought against a prayer for punitive damages, or an exemplary damage attachment to a complaint. ( Ramsden v Western Union (1977) 71 Cal.App.3d 873, 882-883.)
Defendant’s motion to strike the prayer for punitive damages and the exemplary damages attachment is granted, without prejudice to renew if, after discovery, plaintiff is able to plead facts to support a finding of malice as defined in Civil Code §3294. (College Hospital Inc v Superior Court (1994) 8 Cal.4th 704, 725 [malice" is defined as conduct "intended by the defendant to cause injury to the plaintiff," or "despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others." (Id., §3294, subd. (c )(1).) As noted earlier, the italicized words were added by the 1987 Reform A
Hearing Date
August 13, 2018
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Brightwell v De-Jiminez Case No. 18 CV0013
The defendant’s demurrer is overruled. Even accepting that the demurrer was directed to the First Amended Complaint, a demurrer cannot be brought against a prayer for punitive damages, or an exemplary damage attachment to a complaint. ( Ramsden v Western Union (1977) 71 Cal.App.3d 873, 882-883.)
Defendant’s motion to strike the prayer for punitive damages and the exemplary damages attachment is granted, without prejudice to renew if, after discovery, plaintiff is able to plead facts to support a finding of malice as defined in Civil Code §3294. (College Hospital Inc v Superior Court (1994) 8 Cal.4th 704, 725 [malice" is defined as conduct "intended by the defendant to cause injury to the plaintiff," or "despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others." (Id., §3294, subd. (c )(1).) As noted earlier, the italicized words were added by the 1987 Reform A