Defendants’ Motion to Strike Portions of Plaintiff’s Complaint, filed on 12/7/17, is GRANTED without leave to amend. Cal. Code Civ. Proc. § 436. The court strikes the allegations and prayer for punitive damages. Complaint, ¶¶ 23, 25, 26, 27, 34, 35, 37, 38, and the prayer for relief, all as specifically set forth in Defendants’ Notice of Motion, 1:25 – 3:11.
Plaintiff must allege facts and circumstances showing malice, fraud or oppression as those terms are defined by statute in order to support the claim for punitive damages. Grieves v. Superior Court (1984) 157 Cal. App. 3d 159, 166.
The complaint alleges claims for negligence, gross negligence, premises liability, res ipsa loquitur, and negligence per se. Since Plaintiff has not alleged intentional conduct, and in order to recover punitive damages, Plaintiff must allege conduct that is “despicable” and “carried on by the defendant with a willful and conscious disregard of the rights or safety of others” which constitutes malicious
Hearing Date
January 09, 2018
Type
Other PI/PD/WD (General Jurisdiction)
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Defendants’ Motion to Strike Portions of Plaintiff’s Complaint, filed on 12/7/17, is GRANTED without leave to amend. Cal. Code Civ. Proc. § 436. The court strikes the allegations and prayer for punitive damages. Complaint, ¶¶ 23, 25, 26, 27, 34, 35, 37, 38, and the prayer for relief, all as specifically set forth in Defendants’ Notice of Motion, 1:25 – 3:11.
Plaintiff must allege facts and circumstances showing malice, fraud or oppression as those terms are defined by statute in order to support the claim for punitive damages. Grieves v. Superior Court (1984) 157 Cal. App. 3d 159, 166.
The complaint alleges claims for negligence, gross negligence, premises liability, res ipsa loquitur, and negligence per se. Since Plaintiff has not alleged intentional conduct, and in order to recover punitive damages, Plaintiff must allege conduct that is “despicable” and “carried on by the defendant with a willful and conscious disregard of the rights or safety of others” which constitutes malicious