Judge: Holly J. Fujie, Case: 23STCV18563, Date: 2023-12-07 Tentative Ruling

Case Number: 23STCV18563    Hearing Date: December 7, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant Isaac Abelsky (“Moving Defendant”)

RESPONDING PARTY: Plaintiff

            The Court has considered the moving and opposition papers.  No reply papers were filed.  Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            This action arises out of alleged property damage.  Plaintiff’s complaint (the “Complaint”) alleges: (1) negligence; (2) negligent failure to maintain real property in a safe condition; (3) trespass; and (4) intentional refusal to maintain real property in a safe condition.

In relevant part, the Complaint alleges: Moving Defendant owns real property (the “Subject Property”) that abuts Plaintiff’s real property.  (Complaint ¶ 8.)  For the last three years, deterioration on the Subject Property has caused damage to Plaintiff’s property.  (See Complaint ¶ 12.) 

On November 1, 2023, Moving Defendant filed a motion to strike (the “Motion”) portions of the Complaint concerning punitive damages.

DISCUSSION

Meet and Confer

            The Motion does not include facts that demonstrate that the meet and confer requirement was met.  Lack of compliance with the meet and confer requirement, however, is not a basis for granting or denying a motion to strike, and the Court will therefore consider the Motion on its merits.  (See CCP § 435.5, subd. (a)(4).)

Legal Standard

A motion to strike either: (1) strikes any irrelevant, false or improper matter inserted in any pleading; or (2) strikes any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of court.  (CCP § 436.) 

Punitive Damages

Under Civil Code section 3294, a plaintiff may recover punitive damages in an action for breach of an obligation not arising from contract when the plaintiff proves by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice.  (Civ. Code § 3294, subd. (a).)  Malice is conduct which is intended by the defendant to cause injury to the plaintiff, or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.  (Civ. Code § 3294, subd. (c)(1).)  Despicable conduct is conduct which is so vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and despised by ordinary decent people.  (Mock v. Michigan Millers Mutual Ins. Co. (1992) 4 Cal.App.4th 306, 331.)  Oppression is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights.  (Civ. Code § 3294, subd. (c)(2.)

In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in Civil Code section 3294.  (Today's IV, Inc. v. Los Angeles County Metropolitan Transportation Authority (2022) 83 Cal.App.5th 1137, 1193.)  In addition to the requirement that the operative complaint set forth the elements as stated in section 3294, it must include specific factual allegations showing that defendant's conduct was oppressive, fraudulent, or malicious to support a claim for punitive damages.  (Id.)  Punitive damages may not be pleaded generally.  (Id.)

            The Complaint alleges that Moving Defendant’s conduct was malicious and oppressive because he intentionally failed to take steps to make repairs to the Subject Property despite being requested to make repairs multiple times and having knowledge of the damage being caused to Plaintiff’s property.  (Complaint ¶ 29.)  The Court finds that these facts are insufficient to allege conduct that may form the basis for a punitive damages award.  The Court therefore GRANTS the Motion with thirty days leave to amend the Complaint.

Moving party is ordered to give notice of this ruling. 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

  Dated this 7th day of December 2023