DEBRA MCCOY, AN INDIVIDUAL VS LINDA MAE KUSHNER, AN INDIVIDUAL

Case No.: 19STCV46845    

Motion to Strike without Demurrer

Having considered the moving and opposing papers, the Court rules as follows. No reply was filed.

BACKGROUND

On December 30, 2019, Plaintiff Debra McCoy (“Plaintiff”) filed a complaint against Defendant Linda Mae Kushner (“Defendant”). Plaintiff alleges negligence in the complaint for a pedestrian-automobile collision that occurred on January 31, 2018.

On August 18, 2020, Plaintiff filed a first amended complaint (“FAC”) to, in part, allege a cause of action for intentional infliction of emotional distress.

On October 7, 2020, Defendant filed a motion to strike punitive damages from the FAC pursuant to California Code of Civil Procedure section 435, subdivision (b).

Trial is set for June 28, 2021.

PARTY’S REQUEST

Defendant asks the Court to strike punitive damages from the FAC because Plaintiff has not stated a prima facie case for puni........