Judge: Jon R. Takasugi, Case: 24STCV08225, Date: 2024-07-02 Tentative Ruling

Case Number: 24STCV08225    Hearing Date: July 2, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ motion to strike is DENIED.

            On 4/2/2024, Plaintiff Michael Severo, Jr. and Michelle Severo (collectively, Plaintiffs) filed suit against the Elite Group Property Inspection Service, Inc., Todd Smith, Media West Realty, Inc., Bryan C. Ochse, Compass California, and Charles W. Clark, alleging: (1) breach of statutory duty; (2) breach of fiduciary duty; (3) breach of contract; (4) negligence; (5) intentional misrepresentation; (6) negligent misrepresentation; and (7) constructive fraud. 

            Now, Defendants the Elite Group Property Inspection Service and Todd Smith (collectively, Defendants) move to strike portions of Plaintiff’s Complaint.

Legal Standard

Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §§ 435-437.)  A motion to strike can be made to strike irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of the court.  (CCP § 436.) 

Discussion

The adequacy of a claim for punitive damages is properly tested by a motion to strike. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164.) Civil Code section 3294, subdivision (a) authorizes the recovery of punitive damages where the defendant has been guilty of oppression, fraud, or malice, express or implied. Malice means 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).) Oppression is despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights. (Id., subd. (c)(2).) Fraud means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the party of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury. (Id., subd. (c)(3).) 

“In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff.” (Clauson v. Superior Court (1998) 67 Cal. App. 4th 1253, 1255.) Conclusory allegations, devoid of any factual assertions, are insufficient to support a conclusion that parties acted with oppression, fraud or malice. (Smith v. Sup. Ct. (1992) 10 Cal. App. 4th 1033, 1042.)

            Here, Defendants have not challenged the sufficiency of Plaintiff’s pleadings through demurrer. Accordingly, Plaintiff has operative claims for conduct including fraud and breach of fiduciary duty. Accepted as true, Plaintiff allegations could show that Defendants engaged in “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).) Whether or not, in fact, Defendants’ conduct rises to this level is a factual determination not properly made at this stage.

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

It is so ordered.

Dated:  July    , 2024

   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.  For more information, please contact the court clerk at (213) 633-0517.