MOTION TO STRIKE COMPLAINT

The matter is on calendar for Monday, January 29, 2018, Line 3, DEFENDANT UBER TECHNOLOGIES, INC.'S MOTION TO STRIKE COMPLAINT.

Defendant Uber Technologies, Inc.'s motion to strike the punitive damages allegations and prayer for treble damages in the complaint filed by plaintiff Ilana Diamond is denied as to the punitive damages allegations and off calendar as to the prayer for treble damages. Ms. Diamond adequately alleges punitive damages liability against Uber. While gender discrimination in employment may not always or necessarily constitute malice or oppression, depending on the facts found gender discrimination in employment can be sufficient to meet the definitions of malice and/oppression in Civil Code 3294. Liberally construed, the complaint alleges conduct that meets those definitions. The complaint also, liberally construed, sufficiently alleges that one or more managing agents of Uber participated in and/or ratified the gender discrimination allegedly suffered by Ms. Diamond.

Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Counsel for Ms. Diamond is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring it to the hearing or email it to [email protected] prior to the hearing even if the tentative ruling is not contested. =(302/HK)