Motion to Strike without Demurrer
Having considered the moving papers, the Court rules as follows. No opposing papers have been filed.
BACKGROUND
On April 13, 2020, Plaintiff Mireya Garcia (“Plaintiff”) filed a complaint against Defendants McKesson Corporation and Robert Mayas. Plaintiff alleges general and motor vehicle negligence in the complaint arising from an automobile collision that occurred on April 16, 2018.
On August 3, 2020, Defendant McKesson Corporation filed a motion to strike punitive damages from the complaint pursuant to California Code of Civil Procedure section 435, subdivision (b).
Trial is set for October 12, 2021.
PARTY’S REQUEST
Defendant McKesson Corporation asks the Court to strike punitive damages from the complaint because Plaintiff has not stated a prima facie case for punitive damages.
LEGAL STANDARD
Meet and Confer Requirement
California Code of Civil Procedure section 435.5 requires that, before filing a motion to strike, the moving party shall
Hearing Date
November 17, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Motion to Strike without Demurrer
Having considered the moving papers, the Court rules as follows. No opposing papers have been filed.
BACKGROUND
On April 13, 2020, Plaintiff Mireya Garcia (“Plaintiff”) filed a complaint against Defendants McKesson Corporation and Robert Mayas. Plaintiff alleges general and motor vehicle negligence in the complaint arising from an automobile collision that occurred on April 16, 2018.
On August 3, 2020, Defendant McKesson Corporation filed a motion to strike punitive damages from the complaint pursuant to California Code of Civil Procedure section 435, subdivision (b).
Trial is set for October 12, 2021.
PARTY’S REQUEST
Defendant McKesson Corporation asks the Court to strike punitive damages from the complaint because Plaintiff has not stated a prima facie case for punitive damages.
LEGAL STANDARD
Meet and Confer Requirement
California Code of Civil Procedure section 435.5 requires that, before filing a motion to strike, the moving party shall