Judge: Marcella O. Mclaughlin, Case: 37-2023-00042413-CU-NP-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2023-00042413-CU-NP-CTL MYSKA VS COLLEGE GROVE OWNERS ASSOCIATION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 12/08/2023

A. Defendants' motion to strike is GRANTED with leave to amend.

'In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damage statute, Civil Code section 3294.' Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63. The complaint must also 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.

Where the defendant is a corporate employer, the wrongful conduct must be committed, authorized, or ratified by a corporate officer, director, or managing agent. Civ. Code § 3294(b).

In this case, plaintiff has failed to plead facts showing that an officer, director, or managing agent of defendants authorized, ratified, or personally committed the alleged wrongful conduct. The reference to unidentified members of the Board of Directors is insufficient.

B. '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, plaintiff is granted leave to amend his claim for punitive damages. The first amended complaint must be filed and served by April 8, 2024.

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

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