Judge: James A. Mangione, Case: 37-2022-00048351-CU-PO-CTL, Date: 2023-08-18 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 17, 2023

08/18/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2022-00048351-CU-PO-CTL CUNNINGHAM VS MUCHO SABOR LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Mucho Sabor, LLC dba Juan Tequila Bar and Restaurant's Demurrer is sustained with leave to amend.

'Unruh Act claims include the following elements: (i) defendant denied plaintiff full and equal accommodations, advantages, facilities, privileges, or services; (ii) that a substantial motivating reason for defendant's conduct was plaintiff's membership in a protected class; (iii) that plaintiff was harmed; and (iv) that defendant's conduct was a substantial factor in causing plaintiff's harm.' (Nia v. Bank of America, N.A. (S.D. Cal. 2022) 603 F.Supp.3d 894, 906; see CACI Instruction No. 3060.) Here, Plaintiff alleges that Defendant violated the Unruh Civil Rights Act because despite being 'a patron of Defendants' establishment like everyone else[,] . . . Plaintiff, being a Black man, was the only patron subjected to harmful conduct.' (FAC, pg. 6.) However, there is no allegation in the First Amended Complaint that the man who attacked Plaintiff was an agent of, or acting under the authority of, Defendant. Furthermore, the First Amended Complaint does not identify with any specificity the allegedly discriminatory conduct committed by Defendant or how that conduct was harmful to Plaintiff.

Defendant's Motion to Strike is granted. Punitive damages are stricken from Plaintiff's First Amended Complaint without prejudice.

The minute order is the order of the Court.

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