Judge: Erick L. Larsh, Case: 30-2022-01269197-CU-BC-CJC, Date: 2022-11-02 Tentative Ruling

Motion to Strike Claim for Punitive Damages

The court is inclined to grant Defendant Corte Melina Maintenance Corporation’s Motion to Strike with leave to amend. (See Code §§ 435 & 436.)

Punitive damages cannot be pled in conclusory terms, instead the facts supporting a claim for punitive damages must be set out clearly, concisely, and with particularity. (See, Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1041-42, and Lehto v. Underground Construction Co. (1977) 69 Cal.App.3d 933, 944.)

The facts alleged in the complaint fail to allege fraud as defined in Civil Code section 3294, or an intent to cause plaintiff harm, or despicable conduct by defendant. (See Civ. Code § 3294, subd. (a).) “Despicable” conduct means “…conduct that is so vile, wretched, and loathsome that it would be looked down upon by decent people.” (See Mock v. Michigan Miller’s Mutual Ins. Co. (1992) 4 Cal.App.4th 306, 331.) The conduct by defendant alleged in the complaint fails to rise to this level.

Plaintiff to file an amended complaint, if any, within ten days.

Defendant is ordered to give notice.