Judge: David A. Hoffer, Case: 340-2021-1231725, Date: 2022-09-12 Tentative Ruling

Defendants demur to the 3rd cause of action for “intentional tort.”  They also move to strike the punitive damages allegations in the 3rd cause of action and the prayer for punitive damages.  The demurrer is SUSTAINED with 20-days leave to amend.  In light of this ruling, the motion to strike is MOOT.

The 3rd cause of action for “intentional tort” is only against Defendant Garcia and alleges that he was intoxicated at the time of the incident.  While intoxicated driving may support an intentional tort and a request for punitive damages, the complaint here contains only conclusory allegations of willful, malicious or oppressive conduct.  Although the defendant driver’s speed is mentioned, there are no further facts about the neighborhood and the means by which the accident occurred (was the accident head on?  Did the defendant driver run a red light or traffic control at the Wilshire intersection? etc.).  In short, the complaint is lacking the requisite specificity of facts to support a claim for punitive damages under Civil Code §3294.  (See Taylor v. Superior Court (1979) 24 Cal.3d 890, 900 (limited to the facts presented therein) and Dawes v. Superior Court (1980) 111 Cal.App.3d 82, 86-90).  Thus, the demurrer is sustained with 20-days leave to amend.  

Defendants is ordered to give notice of this ruling.