Judge: Kenneth J. Medel, Case: 37-2023-00023746-CU-PA-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - January 03, 2024

01/05/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2023-00023746-CU-PA-CTL ESTRADA VS LOPEZ [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 09/26/2023

Defendants' Motion to Strike portions of the First Amended Complaint is GRANTED. The mere act of Defendant allegedly driving under the influence of alcohol is insufficient for punitive damages to attach.

Mere negligence, gross negligence, or even recklessness does not amount to punitive damages being awarded. The punitive damage standard requires conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights and safety of others. [CC § 3294(c)(1)] It is true that the 'malice, oppression and fraud' standard of Civil Code § 3294 does not limit punitive damages to intentional conduct. 'Malice' can be implied from a 'conscious disregard' of the safety of others. However, in order to obtain punitive damages on this basis, the plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he wilfully and deliberately failed to avoid those consequences. Taylor v. Superior Court (1979) 24 Cal.3d 890, 895 (drunk driving).

The FAC does not make such allegations. The FAC alleges: 'Defendant drove his vehicle while under the influence of alcohol in violation of California Vehicle Code Section 23152(a) and (b) in an conscious disregard for the safety of others. Defendant drove his vehicle under the influence of alcohol having reason to know and consciously disregarding the substantial risk that his conduct might significantly injure the rights of others, consciously pursued a course of conduct knowing it created a substantial risk of significant harm to other persons.' The case of Taylor indicated that in drunk driving cases, punitives would attach is plaintiff alleged behavior that indicated plaintiff knew he was driving under the influence or intentionally took the wheel knowing he was intoxicated. There are no such allegations in this form pleading.

Calendar No.: Event ID:  TENTATIVE RULINGS

2996330