Judge: Maurice A. Leiter, Case: 24STCV06181, Date: 2024-09-05 Tentative Ruling

Case Number: 24STCV06181    Hearing Date: September 5, 2024    Dept: 54

Superior Court of California

County of Los Angeles

 

Carlitos Dosouto,

 

 

 

Plaintiff,

 

Case No.:

 

 

24STCV06181

 

vs.

 

 

Tentative Ruling

 

ADAM GREENBERG, an individual; BENNY STIENFIELD, an individual; C B APTS, a business entity form unknown; STEVEN NWORJIH, an individual, MCM PROPERTY MANAGEMENT, a California Corporation; R. SCOTT TUCKER & ASSOCIATES DBA RST & ASSOC, a California Corporation; and DOES 1-20

 

 

 

 

 

 

 

 

 

 

 

 

 

Defendants.

 

 

 

 

 

 

 

Hearing Date: September 5, 2024

Department 54, Judge Maurice Leiter

Motion: Motion to Strike

Moving Party: Defendants Carlton Property Investments LLC (Doe 1) (erroneously Named And Served As Adam Greenberg) and R. Scott Tucker & Associates (dba Rst & Assoc.)

Responding Party: Plaintiff Carlitos Dosouto

 

            The Court considers the moving papers, opposition, and reply. The motion is GRANTED as to the prayer for punitive damages, and DENIED as to paragraphs 17, 18, 20, 21, 22, 23, 46, 53, 54.    

 

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 8:30 am on the day of the hearing.

 

BACKGROUND

 

 Carlitos Dosouto filed a complaint against Adam Greenberg, Benny Stienfield, C B Apts., Steven Nworjih, MCM Property Management, and R. Scott Tucker & Associates for four causes of action stemming from a physical altercation.

 

On April 12, 2022, Plaintiff was coming home to his apartment when Plaintiff heard loud music coming from the apartment above. Plaintiff alleges the apartment above was occupied by Nworjih. When Plaintiff knocked on Nworjih’s door to request that he lower the volume of the music, Nworjih allegedly attacked Plaintiff with a sword, severely injuring him. Plaintiff alleges (1) battery, (2) assault, (3) premises liability, and (4) negligence.

 

Before the Court is a motion to strike by Defendants Carlton Property Investments LLC and R. Scott Tucker & Associates.  

   

 

ANALYSIS

 

The court may, upon motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (CCP § 436, subd. (a).) The court may also strike 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, subd. (b).)

 

Motions to strike punitive damages may be granted where the alleged facts do not support conclusions of malice, fraud or oppression. (Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.)

 

            Defendants contend that either all or a portion of paragraphs 17, 18, 20, 21, 22, 23, 46, 53, 54, and lines 13-14 and line 17 should be stricken. Plaintiff does not oppose striking the prayer for relief for punitive damages solely as to those Defendants.

 

The moving papers fail to discuss how the other paragraphs at issue are irrelevant, false, or improper. Defendants generally argues that the allegations are conclusory, particularly on the issue of Defendants’ knowledge that Nworjih was dangerous, but they do not show that the paragraphs they seek to strike are improper. Defendants concede that a landlord may have a duty to evict a foreseeably dangerous tenant. (Madhani v. Cooper (2003) 106 Cal.App.4th 412, 415.)

 

The motion to strike is granted as to the prayer for punitive damages, and denied as to paragraphs 17, 18, 20, 21, 22, 23, 46, 53, 54.