Judge Linda S. Marks, Case 2022-01247464 2023-06-12 Tentative Ruling

Judge: Linda S. Marks, Case: 2022-01247464, Date: 2023-06-12 Tentative Ruling

1. Motion to Strike Portions of Complaint filed by Kris Espinoza

The Motion to Strike brought by Defendant Kris Espinoza is DENIED.

In seeking to strike Plaintiff’s request for punitive damages, Defendant asserts the allegations are conclusory. (Motion: 5:19-20.) Additionally, Defendant asserts that punitive damages are not recoverable for claims of negligence. (Motion: 1-3, citing Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166-168 and Wollstrum v. Mailloux (1983) 141 Cal.App.3d Supp. 1, 10.) Finally, Defendant asserts that punitive damages are recoverable only for intentional conduct “[having] the character of outrage frequently associated with crime.” (Motion 6:6-8, citing Tomaselli v. Transamerica, Ins. Co. (1994) 25 Cal.App.4^th 1269, 1287.)

While Defendant correctly recites the law, the above principles are unavailing to Defendant, as Plaintiff has alleged intentional conduct which qualifies as having “the character of outrage frequently associated with crime.” (Tomaselli v. Transamerica, Ins. Co. (1994) 25 Cal.App.4^th 1269, 1287.)

Here, Plaintiff’s request for punitive damages is included within her First Cause of Action for Sexual Battery and arises from allegations Defendant Espinoza “intended to cause harmful contact to Plaintiff’s anus, buttocks and breasts and the sexually offensive contact to these body parts did in fact occur.” (¶13 of Complaint.) Additionally, the Complaint alleges Defendant “sexually assaulted Plaintiff by touching and manipulating her bare buttocks, anus and breasts” and “rubbed his erect penis on Plaintiff.” (¶10 of Complaint.) Moreover, the Complaint alleges that “Espinoza made sexually harassing comments to Plaintiff throughout the massage.” (¶10 of Complaint.)

Defendant does not address these allegations, within the motion to strike. The Court finds these allegations sufficiently allege “despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” (Civ. Code, §3294, subd. (c)(1).)

Plaintiff to give notice.

2. Case Management Conference