Judge: Jon R. Takasugi, Case: 21STCV45586, Date: 2023-05-08 Tentative Ruling

Case Number: 21STCV45586    Hearing Date: May 8, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ motion to strike is DENIED.

On 12/15/2021, Plaintiffs Juan Rodriguez, Leticia Rodriguez, Diego, Rodriguez, Steve Rodriguez and Andrew Rodriguez, minors, through their guardian ad litem Juan Rodriguez (collectively, Plaintiffs) filed suit against Maricela and Jose Paz (collectively, Defendants).

On 12/29/2022, Plaintiffs filed a first amended complaint (FAC) alleging: (1) breach of contract; (2) breach of covenant of quiet enjoyment; (3) breach of implied warranty of habitability; (4) negligence per se; (5) negligence; (6) private nuisance; (7) violation of California Civil Code section 1950.5; (8) premises liability; (9) promissory estoppel; (10) violation of unfair business practices; and (11) constructive eviction.

            Now, Defendants move to strike Plaintiff’s prayer for punitive damages.

Discussion

            Defendants argue that Plaintiff has not alleged sufficient facts to support a prayer for punitive damages.

However, Defendants have not demurred to Plaintiffs’ FAC, and thus they have operative causes of action for conduct including breach of warranty of habitability, premises liability, unfair business practices, and constructive eviction. As such, accepted as true at the pleading stage, Plaintiffs have alleged facts which could show that Defendants engaged in despicable conduct “with a willful and conscious disregard of the rights or safety of others. (Civ. Code, § 3294, subd. (c)(1).)  

Based on the foregoing, Defendants’ motion to strike is denied.

It is so ordered.

Dated:  May    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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