Judge: Elaine W. Mandel, Case: 24SMCV02004, Date: 2025-05-02 Tentative Ruling

Case Number: 24SMCV02004    Hearing Date: May 2, 2025    Dept: P

Tentative Ruling

Mkrtchyan v. Tatel Beverly Hills, Case no. 24SMCV02004

Hearing date May 2, 2025

Defendant Tatel’s Motion to Strike Punitive Damages

Plaintiff Mkrtchyan sues defendant Tatel Beverly Hills for assault, battery and negligence. Plaintiff tripped and fell on potted plants outside defendant’s place of business, after which defendant’s employees allegedly assaulted him. Defendant moves to strike the prayer for punitive damages and related allegations, Para. 21 lines 26-27, Para. 22 lines 2-3, Para. 24 lines 15-16, Para. 30 lines 9-10, Para. 31 lines 13-14, Para. 33 line 27, Para. 50 lines 14-15 and Prayer 3 for punitive damages. The motion is not opposed.

Punitive damages are allowable if plaintiff proves oppression, fraud or malice. Cal. Civ. Code §3294(a). Facts giving rise to a claim for punitive damages must be pleaded specifically – vague or conclusory allegations are insufficient. G.D. Searle & Company v. Superior Court (1975) 49 Cal.App.3d 22, 29. Recklessness or negligence, even gross negligence, are insufficient to support an award of punitive damage; carelessness or ignorance are not enough. Dawes v. Superior Court (1980) 111 Cal.App.3d 82, 88.

Defendant argues plaintiff fails to state sufficient facts to allow an award of punitive damages against a corporation. A plaintiff seeking punitive damages against a corporate defendant must allege specific facts showing “[T]he oppression, fraud, or malice must be perpetrated, authorized, or knowingly ratified by an officer, director, or managing agent of the corporation.” Wilson v. Southern California Edison Co. (2015) 234 Cal.App.4th 123, 164; Civ. Code §3294(b).

Plaintiff alleges “an officer(s) or director of each corporate defendant and/or business entity defendant, authorized or ratified the actions of its employees.” Compl. para. 12. Vague or conclusory allegations are insufficient. See G.D. Searle & Company, supra. Plaintiff fails to allege the necessary facts to plead punitive damages. The motion is unopposed. GRANTED.