Judge: Douglas W. Stern, Case: 21STCV24108, Date: 2022-08-16 Tentative Ruling

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Case Number: 21STCV24108    Hearing Date: August 16, 2022    Dept: 52

Tentative Ruling:

Defendant Mark Sampang’s Motion to Strike Portions of Second Amended Complaint

Defendant Mark Sampang moves to strike five portions of plaintiff Jane Doe’s second amended complaint.  These portions concern different demands for relief, including punitive damages.

Under Code of Civil Procedure section 425.13, Sampang moves to strike the word “punitive” from paragraph 37 and to strike paragraph E of the prayer for relief, which prays for punitive damages.  Section 425.13, subdivision (a) provides that a plaintiff needs leave of court to include a claim for punitive damages in “any action for damages arising out of the professional negligence of a health care provider.” 

  Plaintiff contends Sampang’s motion to strike constitutes a procedurally improper motion for reconsideration of the court’s order on April 26, 2022.  In that order, the court denied plaintiff’s motion for leave to amend the complaint under CCP § 425.13(a).  The court found that the issue regarding CCP § 425.13 was “not properly presented,” but “exercise[d] its discretion to rule” on it.  The court concluded, “CCP § 425.13(a) does not apply.”

The court does not reach the issue of whether ruling on this motion constitutes reconsidering an order by Judge Tamzarian. 

The court exercises its discretion to continue the hearing on this motion.  Generally, one trial judge cannot reconsider another judge’s prior ruling.  (In re Marriage of Oliverez (2015) 238 Cal.App.4th 1242, 1247.)  Assuming plaintiff is correct that this motion constitutes a motion for reconsideration, Judge Tamzarian should decide it.  Ruling on this motion is not urgent.  On June 10, 2022, the court stayed all discovery propounded to Sampang and propounded by Sampang.  The court set an order to show cause re: further stay on October 7, 2022.  In these circumstances, the court finds it appropriate to continue this hearing.

The hearing on defendant Mark Sampang’s motion to strike portions of plaintiff’s second amended complaint is hereby continued to October 14, 2022, at 9:00 a.m. 

The court hereby continues the order to show cause re: further stay from October 7, 2022, to October 14, 2022, at 9:00 a.m.  Defendant Sampang may file papers in support of a further stay no later than nine court days before the hearing.  Plaintiff may file papers in opposition to a further stay no later than five court days before the hearing.