Judge: Christian R. Gullon, Case: 23PSCV02838, Date: 2024-01-16 Tentative Ruling

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Case Number: 23PSCV02838    Hearing Date: January 16, 2024    Dept: O

Tentative Ruling

Vons’ MOTION TO STRIKE PUNITIVE DAMAGES is MOOT as a FAC was filed.

Background

This is a wrongful death case. Plaintiffs CLAUDIA JIMENEZ, and JUAN CARLOS JIMENEZ, as individuals, and as heirs and successors-in-interest of BRIAN SCOTT JIMINEZ allege the following against Defendants ALBERTSONS COMPANIES, INC., a California corporation; ALBERTSONS COMPANIES, INC., a California corporation doing business as VONS; WEISER SECURITY SERVICES, INC. (“Weiser”), a corporation; SECURITY GUARD, an individual; LUIS ALBERTO BANUELOS (“Banuelos”), an individual; MARIA ELENA GONZALES (“Gonzales”),[1] an individual: On December 1, 2022, a Vons security guard led a car chase pursuit after Banuelos after Banuelos allegedly stole alcohol from Vons. In the pursuit, Banuelos drove through a red light, violently smashing into the driver side of Brian Jimenez, who later died from blunt force trauma.

On September 14, 2023, Plaintiffs filed suit.

On October 20, 2023, Defendant The Vons Companies, Inc. (erroneously named and sued as "Albertsons Companies, Inc., a California corporation; Albertsons Companies, Inc., a California corporation doing business as VONS") (hereinafter "Vons") filed a motion to strike punitive damages.

On December 1, 2023, Defendant Weiser filed its answer and a cross-complaint against Banuelos and Gonzalez for:

On January 3, 2024, Plaintiffs filed their first amended complaint (FAC) asserting COAs for:

1.     Wrongful Death and

2.     Negligent Hiring/Supervision

Discussion

As a FAC was filed, meaning the FAC now serves as the operative complaint, the motion to strike punitive damages from the original complaint is MOOT.

That said, the court notes that the FAC is largely similar to the original complaint, and both do not contain specific facts that Vons acted with oppression, fraud or malice. Additionally, the motion indicates that Plaintiffs have not responded to meet and confer efforts. Should Defendant Vons file a subsequent motion to strike punitive damages from the FAC, the court requires Plaintiffs to meet and confer.

Conclusion

Based on the foregoing, the motion is moot.