Judge: Marcella O. Mclaughlin, Case: 37-2023-00040300-CU-PO-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 15, 2024

02/16/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2023-00040300-CU-PO-CTL PAYKAN AUTO SALES INC VS FAMILY HEALTH CENTERS OF SAN DIEGO INC CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 11/22/2023

Defendant Family Health Centers of San Diego, Inc.'s motion to strike portions of the complaint is GRANTED in part and DENIED in part.

A. As an initial matter, the court notes that the parties dispute whether FHCSD sufficiently met and conferred before filing the motion to strike. However, Code of Civil Procedure section 435.5 does not contain any penalties for failing to meet and confer. To the contrary, '[a] determination by the court that the meet and confer process was insufficient shall not be grounds to grant or the motion to strike.' Code Civ. Proc. § 435.5(a)(4). The court directs defense FHCSD to comply with the meet and confer requirements for any future pleading challenges in this matter. See Code Civ. Proc. § 435.5(a)(1).

B. Turning to the merits, the motion is granted as to the request to strike the prayer for punitive damages and the allegations supporting the prayer.

In order to state a prima facie claim for punitive damages, a complaint must 'include specific factual allegations showing that defendant's conduct was oppressive, fraudulent, or malicious[.]' Today's IV, Inc. v. Los Angeles County Metropolitan Transportation Authority (2022) 83 Cal.App.5th 1137, 1193.

Here, insufficient facts have been pled to establish oppression, fraud, or malice within the meaning of Civil Code section 3294(a). Plaintiffs have not alleged intentional misrepresentation or concealment for purposes of fraud 'fraud.' As for 'oppression' and the second prong of 'malice,' the facts pled do not show 'despicable conduct' – i.e., conduct that is 'so vile, base, or contemptible that it would be looked down on and despised by reasonable people.' CACI 3940. Finally, there are no facts showing an intent to injure plaintiff, as required for the first prong of 'malice.' C. The motion is denied as to the request to strike the allegation regarding 'compensatory damages for lost business, personal injury, emotional distress[.]' (Mot. at ¶ 1.) FHCSD has not explained why this portion of the complaint should be stricken. 'Compensatory damages and punitive damages are two different things with two different purposes.' Merlo v. Standard Life & Acc. Ins. Co. (1976) 59 Cal.App.3d 5, 20.

D. In issuing this ruling, the court has not considered the declaration of Hadi Moein or the documents attached thereto. Code Civ. Proc. § 437(a).

E. 'Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given.' Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227. Accordingly, plaintiffs are granted Calendar No.: Event ID:  TENTATIVE RULINGS

3076685 CASE NUMBER: CASE TITLE:  PAYKAN AUTO SALES INC VS FAMILY HEALTH CENTERS OF SAN  37-2023-00040300-CU-PO-CTL leave to amend their claim for punitive damages. Plaintiffs must file and serve a first amended complaint by February 26, 2024.

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3076685