Judge: James A. Mangione, Case: 37-2022-00048351-CU-PO-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 26, 2024

01/26/2024  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 overruled.

'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, the SAC alleges that, after suffering from the assault, 'Defendants' staff mistreated Plaintiff because of his sex and race/color, in that they refused to investigate the incident and refused to give Plaintiff back his property, which had been lost during the incident and was in Defendants' custody and control.' (SAC, pg. 6.) The SAC alleges that a 'substantial motivating reason' for Defendant's refusal to return his property or investigate the assault. Plaintiff's assertion that Defendant's refusal to permit Plaintiff to recover his lost property from Defendant's facilities was substantially motivated by Plaintiff's race/color is sufficient to allege a claim under Unruh.

Defendant's Motion to Strike is granted. The SAC alleges that Defendant's 'mistreatment of Plaintiff, especially compared to other, non-Black patrons, said defendants' conduct was committed with oppression and malice.' Although the SAC alleges that the failure to investigate the assault or return Plaintiff's belongings are racially discriminatory, there are almost no factual allegations supporting malice in these actions or anything more than the passing reference to how other patrons were treated. As alleged, the Court finds there are insufficient factual allegations to support a claim for punitive damages.

Punitive damages are stricken from Plaintiff's Second Amended Complaint without prejudice. Plaintiff's request for leave to amend is denied at this time.

The minute order is the order of the Court.

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