Judge: Keri G. Katz, Case: 37-2022-00029680-CU-PL-CTL, Date: 2023-08-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 03, 2023

08/04/2023  08:25:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Product Liability Demurrer / Motion to Strike 37-2022-00029680-CU-PL-CTL HUNTER VS POLARIS INDUSTRIES INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Acme Cycles, Inc. dba Motoworld of El Cajon's unopposed motion to strike is GRANTED.

CCP §§ 435, 436.

The court strikes the following from Plaintiffs' First Amended Complaint as against Acme: P. 7, ¶ 28.d., the following language: 'in conscious disregard of the rights and safety of others, including Plaintiffs...' P. 7, ¶ 28.e., the following language: 'acted in a reckless, wanton malicious manner with a willful conscious disregard for the rights, safety and well-being of the Plaintiffs and other members of the public, when they...' P. 8, ¶ 28.f, The following language 'Hence, Polaris and Does 1 through 100, and each of them, consciously, willfully and wantonly decided that their profits were more valuable and important than the certain human suffering and loss of life that resulted from their actions.' P. 9, ¶ 28.h., in its entirety, as follows: 'Plaintiffs are informed and believe and thereon allege that despite said knowledge on the part of the Polaris and Does 1 through 100, and each of them, and their officers, directors, and/or managing agents, directly, and in authorizing and ratifying the conduct of each of them, acted with malice by engaging in the misconduct despicably and in a reckless, wanton malicious manner with a willful, conscious disregard of the rights and/or safety of others, and/or acted with oppression by engaging in the misconduct despicably and by subjecting others to cruel and unjust hardship in a reckless, wanton malicious manner with a willful conscious disregard of the rights of other persons, and/or acted with fraud by engaging in the misconduct through intentional misrepresentation, deceit, and/or concealment of a material fact known to the Polaris and Does 1 through 100 with the intention on the part of the Polaris and Does 1 through 100 of thereby depriving a person or property of legal rights or otherwise causing injury, and are liable for exemplary and punitive damages. Plaintiffs are therefore entitled to an award of exemplary and punitive damages against Polaris and Does 1 through 100, and each of them, in an amount to be shown according to proof at trial.

P. 17, Prayer for Relief ¶ 3, as follows 'Punitive and exemplary damages in an amount appropriate to punish or set an example of Defendants...' If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties Calendar No.: Event ID:  TENTATIVE RULINGS

2954267  5 CASE NUMBER: CASE TITLE:  HUNTER VS POLARIS INDUSTRIES INC [IMAGED]  37-2022-00029680-CU-PL-CTL shall not submit any further order on this motion.

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