Judge: Elaine W. Mandel, Case: 24SMCV02332, Date: 2025-02-10 Tentative Ruling

Case Number: 24SMCV02332    Hearing Date: February 10, 2025    Dept: P

Tentative Ruling

Travelers Property Casualty Company v. Shiri, Case no. 24SMCV02332

Hearing date February 10, 2025

Defendant’s Motion to Strike Punitive Damages

Plaintiff Travelers Property Casualty, subrogee for Laemmle Theatres, LLC, sues defendants Robert Shiri, individually, and Law Offices of Robert Shiri (together “Shiri”) for negligent misrepresentation, fraud and unfair business practices. Plaintiff alleges Shiri sued Laemmle Theatres on behalf of Shiri’s client Sekely, alleging personal injuries.

Plaintiff alleges Sekely died from unrelated caused five days prior to the filing of the lawsuit in his name. Plaintiff alleges Shiri fraudulently negotiated and executed a settlement in Sekely’s name, taking the settlement funds for himself. Shiri moves to strike plaintiff’s prayer for punitive damages.

Plaintiff requests judicial notice of Sekely’s County of LA death certificate. Per Cal. Evid. Code §§452(c)-(d) and 453 the court may take judicial notice of “official acts of the legislative, executive and judicial departments of the United States and of any state of the United States.” Judicial notice may be taken of a death certificate. Ellenberger v. City of Oakland (1946) 76 Cal.App.2d 828, 835. GRANTED.

Punitive damages are allowable when plaintiff proves oppression, fraud or malice. Cal. Civ. Code §3294(a). Facts giving rise to a claim for punitive damages must be pleaded specifically. G.D. Searle & Company v. Superior Court (1975) 49 Cal.App.3d 22, 29. Conclusory requests for punitive damages without factual support are subject to a motion to strike. E.g., Cyrus v. Haveson (1976) 65 Cal.App.3d 306, 316-317; Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164. Per Cal. Civ. Code §3294(a)(1) “malice means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” Per Cal. Civ. Code §3294(a)(3) “fraud means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of defendant of thereby depriving a person of property or legal rights or otherwise causing injury.” On a motion to strike, allegations in a pleading must be treated as true. E.g., Clauson v. Sup. Ct. (1998) 67 Cal.App.4th 1253, 1255.

Shiri argues plaintiff failed to plead sufficient facts to allow punitive damages.

Plaintiff alleges Sekely died 1/30/21, and Shiri knew of the death prior to filing the complaint 2/4/21. Comp. paras. 10, 12. Plaintiff alleges Shiri served a §998 demand on 4/21/21 and negotiated and agreed to a settlement despite Sekely’s death. Comp. paras. 14-16. Plaintiff alleges Shiri presented a forged release agreement on 5/20/21. Comp. para. 17. Plaintiff alleges as a result of Shiri’s fraud, it sent Shiri a check for $40,000. Comp. para. 18. For purpose of this motion, these allegations must be treated as true. Clauson, supra.

Plaintiff alleged facts demonstrating fraud sufficient to allege punitive damages via the allegations described above. DENIED.