Judge: Michael P. Linfield, Case: 22STCV19634, Date: 2023-12-14 Tentative Ruling

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Case Number: 22STCV19634    Hearing Date: December 14, 2023    Dept: 34

SUBJECT:        Motion to Strike Punitive Damages

Moving Party: Defendant Urschel Laboratories Inc.

Resp. Party:    Plaintiff Enrique Ruiz

The Motion to Strike is DENIED.

BACKGROUND:

On June 15, 2022, Plaintiff Enrique Ruiz filed his Complaint against Defendant Buy Fresh Produce, Inc. on causes of action arising from damages Plaintiff alleged suffered from a machine made by Defendant.

On November 4, 2022, Defendant Buy Fresh Produce, Inc. filed its Answer to the Complaint.

On July 14, 2023, Plaintiff amended his Complaint by substituting Doe 1 with Urschel Laboratories Inc. and Doe 2 with Herbort GmbH.

On September 5, 2023, Defendant Urschel Laboratories Inc. filed its Motion to Strike Punitive Damages. In support of its Motion, Defendant Urschel Laboratories concurrently filed: (1) Declaration of Chris W. Basil; and (2) Proposed Order.

On September 15, 2023, Plaintiff filed its Opposition to the Motion.

On September 21, 2023, Defendant filed its Reply regarding the Motion.

ANALYSIS:

I.          Legal Standard

Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1)). The notice of motion to strike a portion of a pleading shall quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count or defense. (Cal. Rules of Court Rule 3.1322.)

The grounds for a motion to strike shall appear on the face of the challenged pleading or form any matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437, subd. (a).) The court then may strike out any irrelevant, false, or improper matter inserted in any pleading and 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. (Code Civ. Proc., § 436.)

When the defect which justifies striking a complaint is capable of cure, the court should allow leave to amend. (Perlman v. Mun. Ct. (1979) 99 Cal.App.3d 568, 575.)

II.       Discussion

Defendant Urschel Laboratories Inc. moves the Court to strike all allegations of and the prayer for punitive damages from the Complaint. (Motion, pp. ii–iv, 2:22–23, 7:9–10, 10:17–19.)

        The requested relief is inappropriate here.

Plaintiff is entitled to allege that Defendants acted with malice, fraud, or oppression and that they should therefore be liable for punitive damages. It will ultimately be Plaintiff’s burden to prove to the trier of fact that he is entitled to the relief he seeks.

III.     Conclusion

The Motion to Strike is DENIED.