Judge: Jon R. Takasugi, Case: 24STCV19647, Date: 2025-01-07 Tentative Ruling

Case Number: 24STCV19647    Hearing Date: January 7, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ motion to strike is DENIED.

            On 8/6/2024, Plaintiff Sasoun Mahgerefte (Plaintiff) filed suit against Refined Home Construction, Inc. and Dan Azran (collectively, Defendants), alleging: (1) negligence; (2) breach of implied covenant to perform work in a good and competent manner; (3) breach of contract; (4) breach of implied covenant of good faith and fair dealing; and (5) unjust enrichment.

            On 9/20/2024, Defendants moved to strike portions of Plaintiff’s Complaint.

Discussion

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

Defendants have not challenged the sufficiency of Plaintiff’s underlying claims through demurrer. As such, Plaintiff has an operative claim for the breach of implied covenant of good faith and fair dealing, which 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).)

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

It is so ordered.

Dated:  January    , 2025

   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.