Judge: Carolyn M. Caietti, Case: 37-2022-00046820-CU-WT-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Wrongful Termination Demurrer / Motion to Strike 37-2022-00046820-CU-WT-CTL DAVIDSON VS NEWBREAK CHURCH [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 03/24/2023

Defendants' unopposed Motion to Strike Portion of Plaintiff's Complaint is GRANTED IN PART WITHOUT LEAVE TO AMEND.

Defendants' requests for judicial notice are granted and notice will be taken to the extent permitted.

(Evid. Code, § 452(c), (h).) 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.) C.C.P. section 425.14 provides '[n]o claim for punitive or exemplary damages against a religious corporation... shall be included in a complaint... unless the court enters an order allowing an amended pleading that includes a claim for punitive or exemplary damages to be filed.' (Civ. Code, § 425.14) The intent of the statute is 'to provide to religious institutions a pretrial mechanism to eliminate unsubstantiated punitive damage claims.' (Little Co. of Mary Hospital v. Superior Court, (2008) 162 Cal.App.4th 261, 268.) Here, as to Defendant Newbreak Church, it is undisputed Defendant Newbreak Church is a religious corporation and the Court did not enter an order allowing an amended pleading that includes a claim for punitive or exemplary damages. Thus, the punitive damages allegations against Defendant Newbreak Church are not drawn in conformity with California law and must be struck.

As to Defendant Robert Wachs, Plaintiff did not oppose Defendants' argument the pleading fails to adequately allege facts supporting a claim for punitive damages, and implicitly concedes on the merits.

Plaintiff also did not request leave to amend. Thus, the motion is granted as to Defendant Wachs.

Regarding the request to strike 'attorneys fees', the motion is denied. Defendants did not address the language including any legal authority as to why paragraphs 89 and 98 regarding 'attorneys' fees under California Code of Civil Procedure section 1021.5' should be stricken from the complaint.

Thus, the motion is GRANTED IN PART.

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2954520  45 CASE NUMBER: CASE TITLE:  DAVIDSON VS NEWBREAK CHURCH [IMAGED]  37-2022-00046820-CU-WT-CTL Concluding Orders The Court strikes: - Complaint ¶ 89: 'As a result of Defendant's deliberate, outrageous, despicable conduct, Plaintiff is entitled to recover punitive and exemplary damages in an amount commensurate with Defendant's wrongful acts and sufficient to punish and deter future similar reprehensible conduct' - Complaint ¶ 98: 'As a result of Defendant's deliberate, outrageous, despicable conduct, Plaintiff is entitled to recover punitive and exemplary damages in an amount commensurate with Defendant's wrongful acts and sufficient to punish and deter future similar reprehensible conduct' - Prayer for Relief G: 'For exemplary and punitive damages' Defendants are ordered to file and serve an answer to the Complaint (with the allegations stricken above) by October 20, 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 10, 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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2954520  45