Judge: H. Jay Ford, III, Case: 23SMCV004428, Date: 2024-03-12 Tentative Ruling

Case Number: 23SMCV004428    Hearing Date: March 12, 2024    Dept: O

  Case Name:  Longmire v. Blaske

SUBJECT:                 DEMURRER WITH MOTION TO STRIKE

MOVING PARTY:   Defendant Brandy Blaske

RESP. PARTY:         No responding party as of 3-6-24

TENTATIVE RULING

            Defendant Brady Blaske’s Demurrer to Plaintiff Michael Allen Longmire’s first and only cause of action within his complaint for breach of contract is SUSTAINED with 20 days leave to amend.  Plaintiff fails to allege damages which resulted from the breach of contract.

            Defendant Brady Blaske’s Motion to Strike Punitive Damages is SUSTAINED for the breach of contract cause of action. Punitive damages are not allowed in a breach of contract cause of action pursuant to Civ. Code § 3294.

            The essential elements of breach of contract are “(1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff." (D'Arrigo Bros. of California v. United Farmworkers of America (2014) 224 Cal.App.4th 790, 800; see CACI No. 303.)

            Plaintiff Michael Allen Longmire (“Longmire”) pleads the existence of a contract in the alternate agreement where Defendant Brady Blaske (“Blaske”) “was to provide unlimited (no end date), access to her Fiji Water account for his use for his distribution company, to which Ms. Blaske agreed to in writing.” (Compl., p. 3.) Longmire pleads in return for the access to Blaske’s fiji water account he agreed to not press domestic violence charges against Blaske. (Ibid.)  Longmire pleads breach by alleging “In March 2023, Ms. Blaske breached her contractual agreement with Mr. Longmire by terminating his access to her Fiji water account and without notice or communication.” (Ibid.) However, Longmire does not plead resulting damages from the alleged breach of contract regarding unlimited use of the Fiji water account. Longmire alleges damages which occurred prior to the breach including damage to Longmire’s vehicle “inflicted in May 2021,” and lost wages on 5-3-21 from lack of transportation but does not allege any damages resulting directly from the breach of contract at issue.

            Thus, Blaske’s Demurrer is SUSTAINED with 20 days leave to amend.

            Additionally, Blaske moves to strike the prayer for punitive damage from the complaint. The only cause of action in Longmire’s complaint is for breach of contract. “[P]unitive or exemplary damages, which are designed to punish and deter statutorily defined types of wrongful conduct, are available only in actions ‘for breach of an obligation not arising from contract. In the absence of an independent tort, punitive damages may not be awarded for breach of contract even where the defendant's conduct in breaching the contract was willful, fraudulent, or malicious.” Cates Construction, Inc. v. Talbot Partners (1999) 21 Cal.4th 28, 61; see Civ. Code, § 3294, subd. (a).) Therefore, punitive damages are not allowed in this complaint for breach of contract alone.

            Thus, Blaske’s Motion to Strike Punitive Damages is GRANTED.