Judge Gary Y. Tanaka, Case 22STCV14495 2023-02-02 Tentative Ruling

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka Thursday, February 2, 2023

Department B Calendar No. 7

1. Mercedes-Benz USA, LLC, et al.’s Motion to Strike Portions of First Amended Complaint

Mercedes-Benz USA, LLC, et al.’s Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend.

Plaintiff’s Complaint was filed on May 2, 2022. Plaintiff’s First Amended Complaint was filed on June 27, 2022. Plaintiff alleges the following facts. On July 2, 2020, Plaintiff received a loaner car for use from Defendants. The loaner vehicle’s sunroof exploded as Plaintiff was driving on the freeway. Plaintiff suffered partial hearing loss in both ears. Plaintiff alleges the following causes of action: 1. Strict Liability – Manufacturing Defect 2. Strict Liability – Design Defect 3. Strict Liability – Failure to Warn 4. Product Liability – Negligence.

Defendant filed a meet and confer declaration in support of the Motion to Strike. The meet and confer declaration and attached exhibits demonstrate sufficient compliance with both CCP § 435.5. (Decl., Anthony P. Greco.)

Defendants’ request for judicial notice is denied because the request was made with the Reply thus depriving Plaintiff the ability to respond to the request for judicial notice.

The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436(b). The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. CCP § 436. The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice. CCP § 437.

Defendants move to strike: (1) Plaintiff’s allegations and demand for punitive damages at 8:23-9:21 (paragraphs 58-65); (2) Prayer for Relief at 10:3-4. (Notice of Motion, page 2, lines 10-12).

“(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.

(b) An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation.”

The issue whether punitive damages may properly be awarded in a products liability case was discussed in detail in Grimshaw v. Ford Motor Co. (1981) 119 Cal.App.3d 757. The Court noted that many cases interpreted malice to cover “a conscious disregard of the probability that the actor's conduct will result in injury to others.” Id. at 808. Thus, the Court stated that this interpretation to “encompass conduct evincing callous and conscious disregard of public safety by those who manufacture and market mass produced articles is consonant with and furthers the objectives of punitive damages.” Id. at 810. Therefore, punitive damages may be available for strict product liability claims arising from the conscious disregard of a product manufacturer for the health and safety of the users of its products. Id.

Here, however, Plaintiff has failed to allege any facts to meet the requirements set forth in CC § 3294(b) noted above.