Judge: Jon R. Takasugi, Case: 24STCV14308, Date: 2024-11-19 Tentative Ruling

Case Number: 24STCV14308    Hearing Date: November 19, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ motion to strike is GRANTED.

          On 6/7/2024, Plaintiff Sung Hi Yoo (Plaintiff) filed suit against Barbara Weinbright (Defendant), alleging: (1) premises liability; (2) negligence; (3) private nuisance; and (4) negligent trespass to private property.

          On 9/25/2024, Defendant moved to strike portions of Plaintiff’s Complaint. 

Factual Background

Plaintiff’s Complaint concerns property damage arising out of a leaky plumbing fixture which allegedly caused water damage to a downstairs neighbor’s condominium.

Discussion

          Defendant argues that Plaintiff’s Complaint does not set forth sufficient allegations to support extraordinary damages for pain and suffering or punitive damages.

          The Court agrees.

In Branch v. Homefed Bank (1992) 5 Cal.App.4th 793, the Court explained: “Although [Civil Code § 3333] does not preclude damages for emotional suffering as a consequence of tortious conduct, California courts have limited emotional suffering damages to cases involving either physical impact and injury to plaintiff or intentional wrongdoing by defendant. Damages for emotional suffering are allowed when the tortfeasor's conduct, although negligent as a matter of law, contains elements of intentional malfeasance or bad faith.” (Id. at 761.) Thus, “recovery for emotional distress caused by injury to property is permitted only where there is a preexisting relationship between the parties or an intentional tort.” (Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 203.)

Here, Plaintiff’s claims sound in negligence. As such, Plaintiff has not alleged any facts which could show intentional malfeasance or bad faith, nor could Plaintiff’s allegations show that Defendants engaged in malice, oppression or fraud as required to support a punitive damages prayer. (Civ. Code, § 3294.)

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

It is so ordered.

Dated:  November    , 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.