Judge: Kerry Bensinger, Case: 21STCV16346, Date: 2023-07-10 Tentative Ruling

Case Number: 21STCV16346    Hearing Date: July 10, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     July 10, 2023                          TRIAL DATE:  November 14, 2023

CASE:                                Agusto Garcia, et al. v. Nax Lei, et al.

CASE NO.:                 21STCV16346

MOTION TO STRIKE PUNITIVE DAMAGES

MOVING PARTY:               Defendant Avis Rent A Car System, LLC

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On April 30, 2021, Plaintiffs Agusto Garcia and Adoracion Garcia filed this action against Defendant Nax Lei arising from a January 3, 2019 motor vehicle accident.  On April 20, 2023, Plaintiffs named Avis Rent A Car System, LLC (“Avis”) as Doe 1.  Though not clear from the Complaint, Defendant is a resident of China who was operating a rental vehicle at the time of the collision.  Avis rented the vehicle to Defendant.

On May 22, 2023, Avis filed this motion to strike Plaintiff’s request for punitive damages as set forth in Plaintiff’s Statement of Damages.  

The motion is unopposed.

II.        LEGAL STANDARD FOR MOTION TO STRIKE

Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof.  (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).)  On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court.  (Code Civ. Proc., § 436, subds. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) 

“The grounds for a motion to strike are limited to matters appearing on the face of the challenged pleading or matters which must or may be judicially noticed. (§ 437, subd. (a); Evid. Code, §§ 451, 452.).” (Garcia v. Sterling (1985) 176 Cal.App.3d 17, 20.)

III.       DISCUSSION

A.    Meet and Confer 

“Before filing a motion to strike . . . the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike.”  (Code Civ. Proc., § 435.5, subd. (a).)  Defense counsel has satisfied this requirement.  (Declaration of Jennifer Caponegri, ¶ 4.)   

B.  Analysis

Avis seeks to strike Plaintiff’s request for punitive damages as set forth in Plaintiff’s Statement of Damages.  Plaintiff served Avis with the Statement of Damages on October 17, 2022.  (See Caponegri Decl., Ex. A.)   

Avis’s request is improper.  Motions to strike are aimed at pleadings.  For the purposes of a motion to strike, the term “pleading” means a demurrer, answer, complaint, or cross-complaint.  (Code Civ. Proc., § 435.)  A statement of damages does not fall within the definition of “pleading.”  Further, a review of the complaint confirms that Plaintiff does not seek punitive damages.  Accordingly, Avis’s motion to strike punitive damages from Plaintiff’s Statement of Damages is DENIED. 

IV.       CONCLUSION

The motion to strike is denied.

Avis is ordered to file and serve their responsive pleading within 15 days of this order.

Moving party to give notice. 

Dated:   July 10, 2023                                 ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.