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