Judge: H. Jay Ford, III, Case: 23SMCV04228, Date: 2024-04-23 Tentative Ruling

Case Number: 23SMCV04228    Hearing Date: April 23, 2024    Dept: O

23SMCV04228 PNINA GILLETTE vs THE WESTERLY ON LINCOLN, et al.
Gillette Motion to Strike Claim for Punitive damages (Cal # 6) 

Defendant UDR Marina Pointe LLC's Motion to Strike Portions of Plaintiff Pnina Gillette's FAC is GRANTED. Defendant filed the motion on 2-20-24, Plaintiff filed an opposition on 4-10-24. and Defendant filed a reply on 4-16-24. Plaintiff fails to plead specific facts in the Complaint to support a claim for punitive damages. Specifically, Plaintiff only pleads conclusory language and not particular facts to allege Defendant acted with malice, oppression or fraud. (See Smith v. Superior Court (1992) 10 Cal.App.4th 1033 [holding that plaintiff was not entitled to punitive damages, as her complaint was devoid of factual assertions to support her conclusory allegations that defendants acted with oppression, fraud, or malice].) The Court orders FAC ¶¶ 31, 38, 40:13–15, and 51 stricken from the FAC. The Court notes that if Plaintiff discovers specific facts to allege malice, oppression or fraud as to Defendant than Plaintiff may file for leave to amend FAC.