Judge: Marcella O. Mclaughlin, Case: 37-2023-00024148-CU-PA-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2023-00024148-CU-PA-CTL RYAN VS SCHLEICHER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 08/18/2023

The motion to strike punitive damages is denied.

'One who willfully consumes alcoholic beverages to the point of intoxication, knowing that he thereafter must operate a motor vehicle, thereby combining sharply impaired physical and mental faculties with a vehicle capable of great force and speed, reasonably may be held to exhibit a conscious disregard of the safety of others.' Taylor v. Superior Court (1979) 24 Cal.3d 890, 897.

In this case plaintiff alleges that defendant knew, when the drinking began, that he was going to operate a motor vehicle and was aware from the outset of the probable consequences of such conduct. (See Complaint at ¶¶ 11-13.) These facts are sufficient under Taylor. See Busboom v. Superior Court (1980) 113 Cal.App.3d 550, 553. Whether plaintiff will be able to prove these facts is a question for another day.

Defendant must file and serve an answer to the complaint by November 6, 2023.

Judicial notice is taken as requested. Evid. Code § 452(d).

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