Mathot v. Amir Development Co.
Motion to Strike Portions of Plaintiff’s First Amended Complaint, filed by Defendant Amir Development Company, is GRANTED with leave to amend. The Court strikes the prayer for punitive damages and the exemplary damages attachment. Plaintiff may file a second amended complaint within 15 days of notice of this order.
In the first amended complaint, Plaintiff Michele Mathot alleges she was injured when she slipped and fell on water that had allegedly leaked from a faulty pipe. Plaintiff alleges that Defendant had actual knowledge that the pipes in the apartment building were defective because Plaintiff had previously complained about them. Plaintiff further alleges that the failure to fix the pipes constituted malice, fraud or oppression. Plaintiff seeks compensatory and punitive damages. Defendant moves to strike the prayer for punitive damages and the exemplary damages attachment.
To state a claim for punitive damages under Civil Code section 3294, a pl
Hearing Date
September 15, 2020
Type
Premises Liability (e.g.slip & fall) (General Jurisdiction)
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Mathot v. Amir Development Co.
Motion to Strike Portions of Plaintiff’s First Amended Complaint, filed by Defendant Amir Development Company, is GRANTED with leave to amend. The Court strikes the prayer for punitive damages and the exemplary damages attachment. Plaintiff may file a second amended complaint within 15 days of notice of this order.
In the first amended complaint, Plaintiff Michele Mathot alleges she was injured when she slipped and fell on water that had allegedly leaked from a faulty pipe. Plaintiff alleges that Defendant had actual knowledge that the pipes in the apartment building were defective because Plaintiff had previously complained about them. Plaintiff further alleges that the failure to fix the pipes constituted malice, fraud or oppression. Plaintiff seeks compensatory and punitive damages. Defendant moves to strike the prayer for punitive damages and the exemplary damages attachment.
To state a claim for punitive damages under Civil Code section 3294, a pl