HEARING ON MOTION TO STRIKE PORTIONS OF COMPLAINT
FILED BY LAMONTE DESEAN MACK
* TENTATIVE RULING: *
Defendant moves to strike portions of Plaintiffs’ original Complaint, filed on November 5, 2018, pursuant to Code of Civil Procedure (“CCP”) § 435 and § 436. Defendant moves to strike Plaintiffs’ claim for exemplary damages, and the entire exemplary damages attachment. For the following reasons, the motion is granted with leave to amend. Plaintiffs shall file any amended complaint on or before August 2, 2019.
Background
This is a personal injury action arising from a motor vehicle accident. Plaintiffs allege that Defendant’s vehicle collided with Plaintiffs’ vehicle, and that Defendant then “fled the scene of the incident.” (Complaint, ¶ 5.)
Analysis
The right to claim punitive damages is governed by Civil Code section 3924. A plaintiff must adequately allege facts showing “malice,” “oppression,” or “fraud,” as those terms are defined by statute. (Id., subd. (c).) The oppression
Hearing Date
July 03, 2019
For full print and download access, please subscribe at https://www.trellis.law/.
HEARING ON MOTION TO STRIKE PORTIONS OF COMPLAINT
FILED BY LAMONTE DESEAN MACK
* TENTATIVE RULING: *
Defendant moves to strike portions of Plaintiffs’ original Complaint, filed on November 5, 2018, pursuant to Code of Civil Procedure (“CCP”) § 435 and § 436. Defendant moves to strike Plaintiffs’ claim for exemplary damages, and the entire exemplary damages attachment. For the following reasons, the motion is granted with leave to amend. Plaintiffs shall file any amended complaint on or before August 2, 2019.
Background
This is a personal injury action arising from a motor vehicle accident. Plaintiffs allege that Defendant’s vehicle collided with Plaintiffs’ vehicle, and that Defendant then “fled the scene of the incident.” (Complaint, ¶ 5.)
Analysis
The right to claim punitive damages is governed by Civil Code section 3924. A plaintiff must adequately allege facts showing “malice,” “oppression,” or “fraud,” as those terms are defined by statute. (Id., subd. (c).) The oppression