Judge: Melvin D. Sandvig, Case: 23CHCV02586, Date: 2024-02-29 Tentative Ruling

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Case Number: 23CHCV02586    Hearing Date: February 29, 2024    Dept: F47

Dept. F47

Date: 2/29/24

Case #23CHCV02586

 

MOTION TO STRIKE

 

Motion filed on 10/2/23.

 

MOVING PARTY: Defendant Frankie Florez

RESPONDING PARTY: Plaintiffs Larry Tran and Cirena Torres

NOTICE: ok

 

RELIEF REQUESTED: An order striking the punitive damages prayers as part of the causes of action in Plaintiffs’ complaint.

 

RULING: The motion is granted with 30 days leave to amend. 

 

SUMMARY OF FACTS & PROCEDURAL HISTORY

 

This action arises out of a dispute between neighboring property owners regarding trees.  Plaintiffs Larry Tran and Cirena Torres (Plaintiffs) contend that neighboring property owner, Defendant Frankie Florez (Florez) improperly cut/damaged trees on their property, has defamed them with regard to the tree situation, etc.

 

On 8/28/23, Plaintiffs, representing themselves, filed this action against Florez and Kings Tree Service, Inc. alleging causes of action for: (1) Injury to Timber – Civil Code 3346(a), (2) Injury to Timber – Civil Code 733, (3) Private Nuisance – Civil Code 3479, (4) Negligence, Negligence Per Se & Gross Negligence, (5) Invasion of Privacy – Civil Code 1708.8, (6) Civil Penalties Pursuant to Penal Code 637.2 (against Florez only), (7) Defamation Per Se – Los Angeles County Sheriff’s Department (by Tran against Florez), (8) Defamation Per Se – Los Angeles County Fire Department (by  Tran against Florez), (9) Defamation Per Se – Property Management Company (by Tran against Florez), (10) Defamation Per Se – Independent Gardener (by Tran against Florez), (11) Defamation Per Se – Neighbors Across the Street (by Tran against Florez), (12) Intentional Infliction of Emotional Distress and (13) Negligent Infliction of Emotional Distress.  The 1st – 12th causes of action include claims for punitive damages as does the prayer for relief. 

 

On 10/2/23, Florez filed and served the instant motion seeking an order striking the punitive damages prayers as part of the causes of action in Plaintiffs’ complaint.  Plaintiffs have opposed the motion and Florez has filed a reply to the opposition.  The parties dispute whether the other met their respective meet and confer obligations.  (See Wainfield Decl.; Tran Decl.; Torres Decl.).  Since failing to adequately meet and confer is not grounds to grant or deny the motion, the Court will rule on the merits.  CCP 435.5(a)(4). 

 

ANALYSIS

 

Civil Code 3294 provides, in relevant part:

 

“(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.

 

. . .

 

 

(c) As used in this section, the following definitions shall apply:

(1) ‘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.

(2) ‘Oppression’ means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.

(3) ‘Fraud’ means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.”

 

In order to state a claim for punitive damages, a complaint must include specific factual allegations showing that the defendant’s conduct was oppressive, fraudulent or malicious.  Today’s IV, Inc. (2022) 83 CA5th 1137, 1193; Brousseau (1977) 73 CA3d 864, 872.

 

Here, the complaint does not include the necessary specific factual allegations to support a finding that Defendant’s conduct was fraudulent, oppressive or malicious.  (See Complaint, generally).  As such, the claims for punitive damages contained in the 1st through 12th causes of action are insufficiently pled. 

 

CONCLUSION

 

The motion is granted.  Due to the liberal policy of allowing leave to amend and since this is only the original complaint, Plaintiffs are given 30 days leave to amend to try to cure the defects in their pleading.