Judge Lee S. Arian, Case Number: 23STCV28657, Date: 2024-06-04 Tentative Ruling

Judge: Lee S. Arian, Case: 23STCV28657, Date: 2024-06-04 Tentative Ruling

Case Number: 23STCV28657 Hearing Date: June 4, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO STRIKE

Hearing Date: 6/4/24

CASE NO./NAME: 23STCV28657 MAKARI ELDER vs. JAMES O SHENOUDA, et al.

Moving Party: Defendant JS RACING STABLE

Responding Party: Plaintiff

Notice: Sufficient

Ruling:

MOTION TO STRIKE IS GRANTED

THE COURT WILL HEAR FROM THE PARTIES ON WHETHER LEAVE TO AMEND SHOULD BE GRANTED

On November 22, 2023, Plaintiff filed the present hit and run case against Defendant James O. Shenouda. On February 23, 2024, Plaintiff filed a fictitious name amendment to the complaint, substituting JS Racing Stable LLC as Doe 1. In the Complaint, Plaintiff seeks punitive and exemplary damages against Defendant James O. Shenouda and Does 1-40. Defendant now moves the Court to strike the exemplary and punitive damages against the corporate Defendant, JS Racing Stable LLC, specifically:

· Judicial Council Form Complaint (PLD-PI-001), ¶10.f, the words “exemplary damages”;

· Judicial Council Form Complaint (PLD-PI-001), ¶14.a(2), the words “punitive damages”;

· the Exemplary Damages Attachment (PLD-PI-001(6)), in its entirety; and

· from the Intentional Infliction of Emotional Distress cause of action, the words in the last sentence “Defendants willful misconduct warrants exemplary damages to deter and punish this type of conduct.”

Defendant does not dispute or seek to strike punitive damages against individual Defendant James O. Shenouda but seeks to strike punitive damages against corporate Defendant JS Racing Stable, LLC only.

Legal Standard

The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436(a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Id., § 436(b).) The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. (Id. § 436.) The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice. (Id. § 437.)

Punitive damages may be imposed where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294, subd. (a).) “Malice’ means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” (Civil Code section 3294 (c)(1).) Under the statute, malice does not require actual intent to harm. Conscious disregard for the safety of another may be sufficient where the defendant is aware of the probable dangerous consequences of his or her conduct and he or she willfully fails to avoid such consequences. (Pfeifer v.John Crane, Inc. (2013) 220 Cal.App.4th 1270, 1299.) ‘Despicable’ is a powerful term that refers to circumstances that are ‘base,’ ‘vile,’ or ‘contemptible.’ (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 725.)

A plaintiff must assert facts with specificity to support a conclusion that a defendant acted with oppression, fraud, or malice. To wit, there is a heightened pleading requirement regarding a claim for punitive damages. (Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1041-1042.).)

“An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice.” (Civ. Code, § 3294(b).)

Discussion

Defendant has met the meet and confer requirement by engaging in discussions with opposing counsel through calls and emails regarding the issue of punitive damages against Defendant JS Racing Stable LLC. Although no resolution was achieved, sufficient effort has been demonstrated. Additionally, Plaintiff does not object to the motion on the grounds of insufficient meet and confer efforts.

Plaintiff opposes the Motion, arguing that the allegations in the complaint that Defendant JS Racing Stable LLC (Doe 1) was the legal (proximate) cause of damages to Plaintiff, operated a motor vehicle, and acted as the agent or employee of other named defendants within the scope of that agency or employment are sufficient for alleging punitive damages. However, these allegations are legal conclusions, not ultimate facts, let alone facts stated with specificity.

Plaintiff further argues that should the Court find the allegations insufficient to satisfy the requirements for punitive damages against a corporation or entity pursuant to C.C.P. § 3294(b), Plaintiff should be given leave to amend the Complaint to include the following allegations:

At the time of the incident, Defendant JS Racing Stable LLC (Doe 1) owned the vehicle.
At the time of the incident, Defendant JS Racing Stable LLC (Doe 1) negligently entrusted the vehicle to the driver.
At the time of the incident, the driver was the employee and/or agent of Defendant JS Racing Stable LLC (Doe 1).
Defendant JS Racing Stable LLC (Doe 1), through its managing partner, Defendant James O. Shenouda, ratified the conduct of the driver.

Plaintiff's proposed amendment is again composed solely of legal conclusions and lacks detailed factual statements. For instance, Plaintiff does not specifically describe how Defendant JS Racing Stable LLC (Doe 1), through its managing partner, Defendant James O. Shenouda, ratified the driver's conduct. Because this type of necessary factual information is not in the Complaint, nor is it provided in the opposition to the Motion, the Court sustains the motion to strike without leave to amend as to Defendant JS Racing Stable LLC.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion.