Judge Christopher K. Lui, Case Number: 22STCV15940, Date: 2023-08-09 Tentative Ruling

Judge: Christopher K. Lui, Case: 22STCV15940, Date: 2023-08-09 Tentative Ruling

Case Number: 22STCV15940 Hearing Date: August 9, 2023 Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein. Counsel must contact the staff in Department 76 to inform the Court whether they wish to submit on the tentative, or to argue the matter. As required by Rule 3.1308(a)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling.

Defendant Fidelity National Title Company motion to strike is GRANTED with leave to amend as to allegations at Page 16, Paragraph 92, in its entirety (punitive damages), Page 16, Paragraph 89, the term, “fraud,” the Prayer at Page 19, Sub-paragraph 8, the term, “punitive damages” and without leave to amend as to Page 18, Paragraph 107, in its entirety.

Plaintiff is given 30 days’ leave to amend.

ANALYSIS

Demurrer

Meet and Confer

The Declaration of David B. Owen reflects that Plaintiff’s counsel did not respond to meet and confer efforts. This satisfies Civ. Proc. Code, § 435.5(a)(3)(B).

Discussion

Defendant Fidelity National Title Company moves to strike the following portions of the “Second” (actually Third) Amended Complaint. Defendant argues there are insufficient fact pled to justify the imposition of punitive damages against it.

a. Page 16, Paragraph 92, in its entirety (re: punitive damages).

GRANTED with leave to amend.

There are insufficient facts pled to constitute malice, oppression or fraud as against moving defendant Fidelity National Title Company as those terms are defined in Civil Code, § 3294(c) as follows:

(1) “Malice” means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.

(2) “Oppression” means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights.

(3) “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.

(Civ. Code § 3294(c).)

“In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damage statute, Civil Code section 3294. (Citation omitted.)” (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63 [bold emphasis added].)

“Pleading in the language of the statute is not objectionable when sufficient facts are alleged to support the allegation. (Citation omitted.)” (Perkins v. Superior Court (1981) 117 Cal. App. 3d 1, 6-7 [bold emphasis added].)

b. Page 16, Paragraph 89, the term, “fraud;”

GRANTED with leave to amend.

There are no facts pled to support a claim of fraud as that term is defined in Civil Code, § 3294(c)(see above), as against moving Defendant Fidelity National Title Company.

c. Page 18, Paragraph 107, in its entirety (re: punitive damages);

GRANTED without leave to amend.

Punitive damages may not be recovered for violations of Bus. & Prof. Code, § 17200.

Neither nonrestitutionary nor punitive damages are an available form of remedy under California Business and Professions Code § 17200. (See Korea Supply Co. v. Lockheed Martin Corp. (2003) 29 Cal.4th 1134, 1148; Bank of The West v. Superior Court (1992) 2 Cal.4th 1254, 1266; Alch v. Superior Court (2004) 122 Cal.App.4th 339, 404; Clark v. Superior Court (2010) 50 Cal.4th 605, 610.)

d. The Prayer at Page 19, Sub-paragraph 8, the term, “punitive damages.”

GRANTED with leave to amend.

For the reasons discussed above, there are insufficient facts pled to justify the prayer for punitive damages as against moving Defendant Fidelity National Title Company.

Plaintiff is given 30 days’ leave to amend.