19STCV35477 STUART L. GILI-ROSS vs UNITED FINANCIAL CASUALTY COMPANY

Defendant’s Unopposed Motion to Strike Punitive Damages from Plaintiff’s Complaint

TENTATIVE RULING: The motion is GRANTED WITH LEAVE TO AMEND. Plaintiff may file an amended complaint within 10 days. If plaintiff does not file an amended complaint within 10 days, the prayer for punitive damages is stricken without leave to amend and defendant shall file an answer within 30 days of the hearing on this motion. Today’s Case Management Conference is continued to March 16, 2020. Moving party to give notice.

Defendant contends as a matter of law, it has a right to conduct discovery in connection with an uninsured motorist arbitration under Insurance Code § 11580.2(f)(2)-(6) and § 11580.2(o). Insurance Code § 11580.2 details the statutory requirement that an insurer must provide uninsured motorists coverage in its bodily injury liability insurance policies, and what the coverage must contain and describe in the contract.