CYNTHIA PREISS, ET AL., Plaintiff(s), vs. NORTEK SECURITY & CONTROL, LLC, ET AL., Defendant(s).

CASE NO: BC647266

[TENTATIVE] ORDER GRANTING MOTION TO STRIKE WITHOUT LEAVE TO AMEND

Plaintiff, Cynthia and Janet Preiss filed this action against Defendants, Nortek Security & Control, LLC and Critical Signal Technologies, Inc. for damages arising out of negligence and strict products liability. Plaintiffs allege they purchased a personal emergency response system from Defendants, but it did not work inside their home. Plaintiff, Cynthia suffered a stroke and attempted to activate the response system, but it failed to work.

Plaintiffs’ complaint includes a prayer for punitive damages, which Defendant, Nortek moves to strike at this time. Defendant correctly notes that the complaint lacks allegations of fraud, malice, or oppression that would give rise to a claim for punitive damages.

On 3/07/17, Plaintiffs filed a document entitled “Notice of Non-Opposition to Defendant(s)’ Demurrer an