Judge: Lynne M. Hobbs, Case: 22STCV28168, Date: 2023-05-24 Tentative Ruling

Case Number: 22STCV28168    Hearing Date: August 21, 2023    Dept: 30

JOSEPH WIRIJA, et al. vs CITY OF PASADENA, A GOVERNMENT ENTITY, et al.

Re:  Motion to Strike, filed by Defendant Franklin Vladimir Lopez Alas

Tentative Ruling:  Defendant’s Motion to Strike is DENIED.  Moving party is ordered to give notice.

Discussion:  The Court finds Plaintiffs’ allegations of Defendant’s past instances of street racing, Defendant’s statements that indicate his utter disregard for the safety of others, and his indifference to taking the lives of others as a by product of his street racing, are sufficient to establish Defendant’s malice. Further allegations that Defendant was driving at an excessive speed at the time of the incident in question and failed to stop at the stop sign in addition to his prior statements regarding the enjoyment he gets from scaring individuals with his driving speed, further supports that Defendant was driving with a reckless disregard for the safety of others at the time of the incident. As such, the Court finds that Plaintiffs have sufficiently alleged facts which support a prayer for punitive damages.