Judge: Mark E. Windham, Case: 22STLC03991, Date: 2022-12-20 Tentative Ruling
Case Number: 22STLC03991 Hearing Date: December 20, 2022 Dept: 26
MOTION TO STRIKE PUNITIVE DAMAGES
(CCP §§ 435, 436)
TENTATIVE RULING:
Defendant Mui Nam Chinh’s Motion
to Strike Punitive Damages is GRANTED WITHOUT LEAVE TO AMEND.
ANALYSIS:
On June 15, 2022, Plaintiff Diane Vuong (“Plaintiff”) filed
this action for motor vehicle negligence and general negligence against
Defendant Mui Nam Chinh (“Defendant”). Defendant filed the instant Motion to
Strike Punitive Damages on August 15, 2022. No opposition has been filed to
date.
Discussion
Defendant brings the instant
Motion to Strike Plaintiff’s request for punitive damages pursuant to Code of
Civil Procedure section 436. The Motion is accompanied by a meet and confer
declaration as required by Code of Civil Procedure section 435.5. (Motion, Palmer
Decl., ¶¶3-4.) Defendant moves to strike the allegations and prayer for
punitive damages on the grounds that they do not meet the statutory
requirements.
The Complaint alleges that the motor vehicle accident
“occurred in the Number 2 lane, north bound Garvey Avenue, approaching Muscatel
Avenue in Vacinity [sic] of 8811 Garvey Avenue Rosemead CA 91770.” (Compl.,
¶MV-1.) The accident was allegedly caused by Defendant maneuvering her vehicle
in a negligent manner and failing to yield the right of way to Plaintiff. (Id.
¶GN-1.)
Punitive damages are authorized by Civil Code section 3294
in non-contract cases “where the defendant has been guilty of oppression,
fraud, or malice, express or implied . . . .”
(Civil Code, § 3294, subd. (a).) Malice means conduct which is intended
by the defendant to cause injury to the plaintiff or despicable conduct which
is carried on by the defendant with a willful and conscious disregard of the
rights or safety of others. (Civil Code, § 3294, subd. (c)(1).) Oppression
means despicable conduct that subjects a person to cruel and unjust hardship in
conscious disregard of that person’s rights. (Civil Code, § 3294, subd.
(c)(2).) Fraud means an intentional misrepresentation, deceit, or concealment
of a material fact known to the defendant with the intention on the party of
the defendant of thereby depriving a person of property or legal rights or
otherwise causing injury. (Civil Code, § 3294, subd. (c)(3).) Finally, punitive
damages sought against a corporation must additionally allege that the
corporation’s corporate officer, director, or managing agent acted with the
aforementioned malice, oppression or fraud. (White v. Ultramar (1999) 21
Cal.4th 563, 569.)
The Complaint does not allege any facts reflecting that
Defendant’s conduct was oppressive, fraudulent, or malicious. To the contrary,
the Complaint only alleges that Defendant’s conduct was due to a lack of
reasonable care. Nor are any facts alleged regarding Defendant’s state of mind.
Therefore, Plaintiff has not alleged facts to support a request for punitive
damages. Finally, in failing to file an opposition, Plaintiff has not shown
that additional facts can be added to the Complaint to sufficiently allege a
lawful basis for punitive damages, as is the complainant’s burden. (See Goodman
v. Kennedy (1976) 18 Cal.3d 335, 348.)
Conclusion
Defendant Mui Nam Chinh’s Motion
to Strike Punitive Damages is GRANTED WITHOUT LEAVE TO AMEND.
Moving party to give notice.