Judge: Jon R. Takasugi, Case: 24STCV34798, Date: 2025-06-05 Tentative Ruling

Case Number: 24STCV34798    Hearing Date: June 5, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion to strike is DENIED.

            On 12/31/2024, Plaintiff Anthony Arias (Plaintiff) filed suit against Steel Protections, Inc., Japanese American Cultural and Community Center, Inc., alleging: (1) negligence; (2) battery; (3) negligent hiring, supervision, and retention.

            On 4/7/2025, Defendant moved to strike portions of Plaintiff’s Complaint.

Discussion

            Defendant argues that Plaintiff has not alleged sufficient facts to support a prayer for punitive damages.

            However, Plaintiff has an operative claim for battery, wherein he alleged that he was tackled by a security guard from behind and tackled to the ground, and hit his head and neck on the wall sustaining injuries to his head and neck. (Complaint ¶ 7.) Accepted as true at the pleadings stage, this could show that Defendant acted with willful and knowing disregard of the rights or safety of Plaintiff.

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

It is so ordered.

Dated:  June    , 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.