Judge: Elaine W. Mandel, Case: 21STCV11212, Date: 2023-02-01 Tentative Ruling

Case Number: 21STCV11212    Hearing Date: February 1, 2023    Dept: P

Tentative Ruling

Gary Hall Jr. et al. v. Kimberly Vandenberg, Case No. 21STCV11212

Hearing Date February 1, 2023

Cross-Defendant Hall’s Motion to Strike Claim for Punitive Damages

Plaintiff Hall and defendant Vandenberg are former romantic and business partners. Hall alleges Vandenberg abused him physically and emotionally by striking him on the head while he slept, falsely telling third parties he attempted to murder her, sending him harassing messages, interfering with his business relationships and damaging and/or stealing property. Vandenberg cross-complained, alleging Hall threatened and intimidated her, prevented her from accessing anxiety medication, kicked her out of their shared residence, and interfered with her business relationships. Hall moves to strike Vandenberg’s request for punitive damages.

If a plaintiff seeks punitive damages but does not specifically allege facts rising to the level of malice, fraud, the request for punitives is subject to a motion to strike. Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.

Hall argues the request for punitive damages are pleaded generally, without sufficient factual support of malice, oppression, or fraud. The cross-complaint alleges Hall intentionally swerved his car toward Vandenberg, forcibly prevented her from accessing her anxiety medication, and intentionally placed a murder-suicide note in a shared drawer at their residence to frighten her. Cross-complaint at ¶¶15-21. These allegations must be treated as true at the pleading stage, and a reasonable finder of fact could determine they constitute malice and/or oppression. DENIED.