Judge: Maurice A. Leiter, Case: 23STCV16733, Date: 2023-12-06 Tentative Ruling

Case Number: 23STCV16733    Hearing Date: December 6, 2023    Dept: 54

Hearing Date: December 6, 2023

Department 54, Judge Maurice Leiter

Motion to Strike

Moving Party: Defendant Carmax Benyamin Aghachi

Responding Party: Plaintiff Blair Carlton

T/R:      DEFENDANT’S MOTION TO STRIKE IS DENIED.

DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

“Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. (CCP § 435(b)(1).) “The Court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false or improper matter asserted in any pleading; (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the Court." (CCP § 436.)

Punitive damages are available in noncontract cases where the defendant is guilty of “oppression, fraud, or malice.”  (Civil Code § 3294(a).)  Conclusory allegations are insufficient to support a claim for punitive damages.  (See, e.g., Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal. App. 3d 590, 620.)  However, “the stricken language must be read not in isolation, but in the context of the facts alleged in the rest of petitioner's complaint.”  (Perkins v. Superior Court (1981) 117 Cal. App. 3d 1, 6.)

Defendant asserts that Plaintiff has failed to allege facts showing fraud, malice, or oppression. This is a landlord-tenant action. Plaintiff alleges he leased a unit from Defendant. Plaintiff alleges the unit was infested with insects and rodents and did not have adequate plumbing or hot water. Plaintiff alleges that when Defendant was informed of these issues, Defendant failed to remedy them and instead cut off utilities to Plaintiff’s unit, made racist comments to Plaintiff, locked him out the unit, and threatened to have his dog taken away. This is sufficient at the pleadings stage to establish entitlement to punitive damages.  

Defendant’s motion is DENIED.