Judge: Elaine W. Mandel, Case: 21STCV36969, Date: 2023-10-17 Tentative Ruling

Case Number: 21STCV36969    Hearing Date: October 17, 2023    Dept: P

Tentative Ruling

Jamison v. IHG Management, LLC, et al., Case No. 21 STCV36969

Hearing Date October 17, 2023  

Defendants’ Motion to Strike Plaintiff’s Requests for Punitive Damages & Attorney’s Fees

Plaintiff alleges she was bitten by bedbugs at defendants’ hotel. Defendants move to strike requests for punitive damages and attorney’s fees.

Punitive damages are available if plaintiff alleges malice, fraud or oppression. Cal. Civ. Code §3294. “Malice” is “[c]onduct which is intended . . . to cause injury . . . or despicable conduct which is carried on . . . with a willful and conscious disregard of the rights or safety of others.” “Oppression” is “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights.” Cal. Civ. Code §§3294(c)(1)-(2). A complaint seeking punitive damages must plead facts establishing malice, fraud or oppression. Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1042. Mere negligence, without conscious or deliberate disregard of another’s rights, is insufficient to support punitive damages. Ebaugh v. Rabkin (1972) 22 Cal.App.3d 891, 894-895. A nonintentional tort can give rise to punitive damages if plaintiff shows defendant was aware of the probable dangerous consequences of their conduct and willfully and deliberately failed to avoid those consequences. G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 32.

Defendants argue Jamison only alleges they negligently failed to take sufficient care to prevent a bedbug infestation, and these allegations amount to simple negligence. The first amended complaint alleges defendants – through managing members -- knew there had been bedbugs in Jamison’s room, failed to remedy it and concealed it from her. FAC ¶¶20-32. These allegations rise above mere carelessness to the level of conscious disregard. Though Jamison does not allege an intentional tort, she alleges unintentional wrongdoing sufficiently severe to qualify as malice for pleading purposes. Her request for punitive damages is proper. DENIED.

Attorney’s fees are only available when provided for by contract or statute. Cal. Code of Civ. Proc. §1021. Jamison does not allege a specific contract or statute supporting her request for punitive damages, nor does the opposition does not address this argument. GRANTED.

The request for punitive damages is not stricken; the request for attorney’s fees is stricken.