Judge: Cherol J. Nellon, Case: 23STCV27664, Date: 2024-03-12 Tentative Ruling
Case Number: 23STCV27664 Hearing Date: March 12, 2024 Dept: 14
Builtech Group vs Picofair
Case Background
Plaintiff was hired to renovate a
house. Plaintiff alleges that they did the work as contracted, but Defendant
refused to pay.
On November 13, 2023, Plaintiff
filed its Complaint for (1) Breach of Contract and (2) Breach of the Implied
Covenant against Defendants Picofair LLC (“Picofair”) and DOES 1-10.
No trial
date has yet been set.
Instant Motion
Defendant Picofair now moves this
court for an order striking the punitive damages allegations from the Complaint.
Decision
The motion
is GRANTED. Plaintiff is to file a First Amended Complaint removing the
punitive damages allegations within 10 days.
On February
29, 2024, Plaintiff filed a notice conceding the motion. Therefore, the only
thing that remains is to actually remove the improper allegations from the
pleading.