Judge: Carolyn M. Caietti, Case: 37-2022-00025999-CU-PA-CTL, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2022-00025999-CU-PA-CTL CAMPOS VS COBIAN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 03/20/2023

Defendant Francisco Cobian's unopposed Motion to Strike Portions of Plaintiff's Complaint is GRANTED IN PART WITHOUT LEAVE TO AMEND.

A motion to strike a complaint in whole or in part is governed by C.C.P. sections 435 through 437. C.C.P.

section 436(b), provides that '[t]he court may, upon a motion ... [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.' The grounds for a motion to strike must appear on the face of the challenged pleading or matter subject to judicial notice. (C.C.P., § 437(a).) In ruling on a motion to strike, courts must assume the truth of the complaint's allegations and liberally construe the allegations with a view to substantial justice. (Dawes v. Sup. Ct. (1980) 111 Cal.App.3d 82, 91 & C.C.P., § 452.) A pleading that fails to adequately allege facts supporting a claim for punitive damages is subject to a motion to strike. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164.) To recover punitive damages, a plaintiff must plead specific facts demonstrating malice, oppression or fraud. (Civ. Code, § 3294(a).) Malice, oppression and fraud are defined at Civil Code section 3294(c)(1)-(3).

To allege malice in a drunk driving case, a plaintiff must plead facts indicating defendant, 'willfully consume[d] alcoholic beverages to the point of intoxication, knowing that he thereafter must operate a motor vehicle, thereby combining sharply impaired physical and mental faculties with a vehicle capable of great force and speed.' (Taylor, supra, 24 Cal.3d at p. 894; see also, Dawes v. Superior Court (1980) 111 Cal.App.3d 82, 88 (order striking punitive damages allegations reversed where, among other things, defendant allegedly ran a stop sign and zigzagged in and out of traffic at a speed in excess of 65 miles per hour in a 35-mile-per-hour zone while intoxicated); Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308, 1336 (reasoning evidence of a prior arrest for drunk driving tended to show the defendant's awareness of the dangers of drunk driving for purposes of finding malice).) Here, with regard to the punitive damage allegations, the motion is granted in light of Plaintiff's failure to: (i) oppose the motion and the relief requested; and (ii) allege the language from Taylor i.e., Defendant willfully consumed alcoholic beverages to the point of intoxication, knowing he must operate a motor vehicle. There are also no facts or legal basis to support an award of attorney fees. However, only the portions of paragraphs 7 and 8 which reference punitive/exemplary damages and attorney fees will be struck. The remainder of those paragraphs contain sufficiently pled facts.

Thus, the motion is GRANTED IN PART.

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2950658  53 CASE NUMBER: CASE TITLE:  CAMPOS VS COBIAN [IMAGED]  37-2022-00025999-CU-PA-CTL Concluding Orders The Court strikes: - Paragraph 7: '...in doing so acted with conscious disregard of such probable dangerous consequences, justifying an award of exemplary damages.' - Paragraph 8: 'entitling plaintiff to an award of reasonable attorney fees.' - Prayer at #1: 'exemplary damages' - Prayer at #4: 'including reasonable attorney fees' Defendant is ordered to file and serve an answer to the Complaint (with the allegations stricken above) by October 13, 2023.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

Defendant is ordered to serve written notice of the Court's final ruling on all appearing parties by October 3, 2023.

The parties are reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of all motion paperwork.

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