Judge: Linda S. Marks, Case: 2021-01234383, Date: 2022-11-07 Tentative Ruling

Motion to Strike Portions of Complaint filed by Stater Bros. Markets on 7/11/22

Defendant Stater Bros. Markets seeks to strike Plaintiff’s request for prejudgment interest from the Complaint on the grounds same is not recoverable in a personal injury action. Plaintiff did not oppose the Motion.

Here, Plaintiff asserts causes of action for negligence and premises liability based on a slip and fall accident that occurred at Defendant’s store located at 333 N. Euclid St. in Fullerton, California. (See Complaint.) Pre-judgment interest is not recoverable for such injuries. (See Curtis v. State of California ex rel. Dep't of Transportation (1982) 128 Cal.App.3d 668, 685–86 [stating “this action lies in tort and it is the generally accepted view that interest cannot be awarded on damages for personal injury”]; see also Wisper Corp. v. California Com. Bank (1996) 49 Cal.App.4th 948, 960 [“‘The test for recovery of prejudgment interest under [Civil Code] section 3287, subdivision (a) is whether defendant actually know[s] the amount owed or from reasonably available information could the defendant have computed that amount. [Citation.]’ [Citations omitted.] ‘The statute [Civil Code section 3287] does not authorize prejudgment interest where the amount of damage, as opposed to the determination of liability, 'depends upon a judicial determination based upon conflicting evidence and is not ascertainable from truthful data supplied by the claimant to his debtor.' [Citations.]’ [Citations omitted.] Thus, where the amount of damages cannot be resolved except by verdict or judgment, prejudgment interest is not appropriate.”].)

Tentative Ruling: Defendant Stater Bros. Market’s Motion to Strike Portions of the Complaint is GRANTED, without leave to amend.

Moving Party is to give notice.