Tentative Ruling on Motion to Strike Punitive Damages from FAC

Ruano v. Elane, Case No. 2020-16119

January 8, 2020, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This is an action by a former Olympian High School student arising out of an after school fight in a campus parking lot in March 2019. The defendants are a former student from Eastlake High School (alleged to be the attacker), his parents, and the school district which operates Olympian High School. Plaintiff alleges he was beaten so badly that he suffered a "maxillary alveolar fracture, a mandibular alveolar fracture, an avulsed tooth, five displaced teeth which may require a future implant, multiple lacerations to the inside of his top/bottom lips, scrapes and contusions to the right side of his upper face." The six-count complaint for personal injury damages was filed May 26, 2020. The alleged attacker answered. ROA 14-15.

The FAC (also six counts) was filed by stipulation in October 2020. ROA 17-21. While th