HEARING ON MOTION TO STRIKE PORTIONS OF THE COMPLAINT
FILED BY MARJO B. JOHANSON, et al.
* TENTATIVE RULING: *
Defendants Marjo B. Johanson, Robert H. Johanson, Blair Johanson; Leni Allen and Rueben Silvestre’s (“Defendants”) motion to strike any reference to punitive damages in paragraphs 114, 121, 150, 157 and paragraph 9 of the Prayer is denied.
Punitive damages are available when a defendant acts with “oppression, fraud or malice” when breaching an obligation owed to a plaintiff. See Civil Code Section 3294(a). Malice includes “despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights and safety of others.” See Civil Code Section 3294(c)(1). Oppression is defined as “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights.” See Civil Code Section 3294(c)(2) Whether a defendant’s conduct was sufficiently oppressive or malicious to satisfy the punitive damages showing
Hearing Date
May 10, 2018
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HEARING ON MOTION TO STRIKE PORTIONS OF THE COMPLAINT
FILED BY MARJO B. JOHANSON, et al.
* TENTATIVE RULING: *
Defendants Marjo B. Johanson, Robert H. Johanson, Blair Johanson; Leni Allen and Rueben Silvestre’s (“Defendants”) motion to strike any reference to punitive damages in paragraphs 114, 121, 150, 157 and paragraph 9 of the Prayer is denied.
Punitive damages are available when a defendant acts with “oppression, fraud or malice” when breaching an obligation owed to a plaintiff. See Civil Code Section 3294(a). Malice includes “despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights and safety of others.” See Civil Code Section 3294(c)(1). Oppression is defined as “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights.” See Civil Code Section 3294(c)(2) Whether a defendant’s conduct was sufficiently oppressive or malicious to satisfy the punitive damages showing