The motion of defendant Westhuizen in her individual capacity to strike portions of the Third Amended Complaint is granted in part and denied in part. Specifically, it is granted as to item #1 (¶ 37), item #2 (¶ 38), and item #4 (prayer re 4th cause of action) without leave to amend, and otherwise denied. The defendant shall file and serve her answer to the TAC within 10 days. Analysis: Given the plaintiff’s representation that he is dismissing the fourth cause of action, the allegations of ¶¶ 37 and 38 and the prayer for punitive damages regarding the fourth cause of action are irrelevant, and should be stricken. AS to the fifth cause of action for promissory fraud, the defendant’s reliance upon the opinion in Taylor v. Superior Court of Los Angeles County (1979) 24 Cal.3d 890 is misplaced. The language at page 902 to which the defendant cites is not from a majority opinion. Moreover, it does not address the issue of the specificity required when alleging a claim for punitive damages.
Hearing Date
February 23, 2021
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The motion of defendant Westhuizen in her individual capacity to strike portions of the Third Amended Complaint is granted in part and denied in part. Specifically, it is granted as to item #1 (¶ 37), item #2 (¶ 38), and item #4 (prayer re 4th cause of action) without leave to amend, and otherwise denied. The defendant shall file and serve her answer to the TAC within 10 days. Analysis: Given the plaintiff’s representation that he is dismissing the fourth cause of action, the allegations of ¶¶ 37 and 38 and the prayer for punitive damages regarding the fourth cause of action are irrelevant, and should be stricken. AS to the fifth cause of action for promissory fraud, the defendant’s reliance upon the opinion in Taylor v. Superior Court of Los Angeles County (1979) 24 Cal.3d 890 is misplaced. The language at page 902 to which the defendant cites is not from a majority opinion. Moreover, it does not address the issue of the specificity required when alleging a claim for punitive damages.