ELSIE CUEVAS, et al.; Plaintiffs, vs. FEDEX GROUND PACKAGE SYSTEM, INC., et al.; Defendants.
Case No.: BC722274
Hearing Date: May 6, 2019
[TENTATIVE] RULING RE:
Defendant Steven Komaneck’s Motion to Strike Punitive Damages Allegations from the First Amended Complaint.
Defendant Steven Komaneck’s Motion to Strike Punitive Damages Allegations from the First Amended Complaint is DENIED.
Factual Background
This is an action for negligence and wrongful death. The First Amended Complaint (“FAC”) alleges as follows. On March 15, 2018, decedent Elsie Gomez (“Gomez”) was hit by a FedEx Ground box truck driven by Defendant Steven Komaneck (“Komaneck”), while Komaneck was acting in the scope of his employment with Defendants FedEx Ground Package System (“Fedex”), Mario’s AAA Delivery (“AAA”), Mario Del Rio (“Del Rio”), Yzabal Express, Inc. and (“Yzabal”). (FAC ¶ 15.) The above defendants negligently hired or supervised Komaneck. (FAC ¶ 18.)
After striking and running over Gomez and her bi
Hearing Date
May 06, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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ELSIE CUEVAS, et al.; Plaintiffs, vs. FEDEX GROUND PACKAGE SYSTEM, INC., et al.; Defendants.
Case No.: BC722274
Hearing Date: May 6, 2019
[TENTATIVE] RULING RE:
Defendant Steven Komaneck’s Motion to Strike Punitive Damages Allegations from the First Amended Complaint.
Defendant Steven Komaneck’s Motion to Strike Punitive Damages Allegations from the First Amended Complaint is DENIED.
Factual Background
This is an action for negligence and wrongful death. The First Amended Complaint (“FAC”) alleges as follows. On March 15, 2018, decedent Elsie Gomez (“Gomez”) was hit by a FedEx Ground box truck driven by Defendant Steven Komaneck (“Komaneck”), while Komaneck was acting in the scope of his employment with Defendants FedEx Ground Package System (“Fedex”), Mario’s AAA Delivery (“AAA”), Mario Del Rio (“Del Rio”), Yzabal Express, Inc. and (“Yzabal”). (FAC ¶ 15.) The above defendants negligently hired or supervised Komaneck. (FAC ¶ 18.)
After striking and running over Gomez and her bi