DEF Brad Lockhart; DEF Lisa Lockhart Motion to Strike Portions of Complaint
The court grants Defendants Brad and Lisa Lockhart’s Motion to strike punitive damages allegations from the Second Amended Complaint without leave to amend. Defendants are ordered to answer the Complaint within 10 days.
In addition to all other recoverable damages, in a proper case a party injured by a nuisance also may recover exemplary or punitive damages, provided that party can meet the evidentiary standards for such damages. (Civ. Code, § 3294; McIvor v. Mercer-Fraser Co. (1946) 76 Cal.App.2d 247, 254; Griffin v. Northridge (1944) 67 Cal.App.2d 69, 76.)
To recover punitive damages in unintentional tort actions the plaintiff must still show the defendant acted (1) with a willful and conscious disregard for the rights or safety of others and (2) engaged in despicable conduct. [Civ. Code, § 3294(c)] Cases allowing punitive damages for unintentional torts are relatively rare. (See Lackner v. North (2006) 135 C