Judge: Glenn R. Salter, Case: 23-1310834, Date: 2023-07-27 Tentative Ruling

Demurrer

The demurrer of defendant to the third cause of action of the complaint is SUSTAINED without leave to amend.

This is a personal injury case resulting from an automobile accident.  The third cause of action is for intentional infliction of emotional distress.  It is alleged that the defendant did not pull over after the accident to exchange information after advising the plaintiff he would.

Although the failure to stop and exchange information is a violation of Vehicle Code section 20002 and could be charged as a misdemeanor, it is not “extreme and outrageous” conduct sufficient to justify a cause of action for intentional infliction of emotional distress.

Plaintiff does not cite any published case that has allowed such a cause of action in similar circumstances.  The court’s independent has not discovered any, either.  The court did find one unpublished case that was similar, but even there the precise issue was not addressed and thus the appellate court’s comments are but dictum.

The plaintiff is invited to present any out-of-state authority she has that might support such a cause of action.  That authority, if any, shall be shared with defense counsel and the court sufficiently in advance of the hearing to permit meaningful discussion.

Motion to Strike

The defendant’s motion to strike portions of the third cause of action that seek punitive damages or reference Civil Code section 3294 is DENIED as MOOT.

Notice

The defendant shall give notice.