Judge: Mark H. Epstein, Case: 23SMCV02529, Date: 2023-09-12 Tentative Ruling

Case Number: 23SMCV02529    Hearing Date: September 12, 2023    Dept: I

This is a motion to strike punitive damages.  The motion is DENIED, and it is not close.

Plaintiff alleges that defendant’s vehicle struck the plaintiff, who was on a motorcycle.  Rather than stop and render aid and exchange information, defendant allegedly fled the scene.  Defendant says that such is not enough for punitive damages.  But defendant fails to grapple with the allegation that defendant not only ran a light, but also dragged plaintiff along the pavement as defendant fled the scene, adding to plaintiff’s injuries.  Even given defendant’s position that a hit and run is not, of itself, sufficient for punitive damages for purposes of a pleading motion, more is alleged here.  Defendant simply chooses to ignore this additional aspect of the case.  Defendant tries to finesse that by claiming that plaintiff is going outside the pleadings.  But that is not so.  The allegation that defendant dragged plaintiff along the sidewalk whilst fleeing the scene is alleged in the complaint.  If the allegations are true, there is more than enough to get to a jury on punitive damages.  As stated at the start, this is not a difficult motion and it should never have been brought.