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.