Judge: David A. Hoffer, Case: 30-2023-01303914, Date: 2023-08-07 Tentative Ruling

The Motion to Strike, filed by  defendants Kimberly Caldwell and Eric Peterson on 3/23/23, as to the Complaint filed by Plaintiff Hector Orozco on 1/24/23 is GRANTED without leave to amend.

The Motion is directed only to the claim for punitive damages which appears in ¶ 14 on page 3 of Plaintiff’s Complaint. Where allegations are as to punitive damages, they are governed by Civil Code § 3294. Such a claim must be supported by specific factual allegations: conclusory characterizations are insufficient to state a claim under Civil Code § 3294.  (Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872.)  Here, the Motion correctly observes that although the box for punitive damages was checked, no specific facts are alleged to support that claim as to these defendants.  In addition, as the Motion is unopposed, Plaintiff has failed to show that any potential amendment could cure the defect. The Motion is therefore GRANTED without leave to amend.  

Counsel for Defendants is ordered to give notice of this ruling.