Judge: Michael Shultz, Case: 23CMCV00519, Date: 2023-11-02 Tentative Ruling

Case Number: 23CMCV00519    Hearing Date: November 2, 2023    Dept: A

23CMCV00519 Qui Shen v. Win Chevrolet

Thursday, November 2, 2023, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO STRIKE PORTION OF PLAINTIFF’S COMPLAINT

       The complaint alleges a claim for negligence arising from a slip-and-fall incident that allegedly occurred on Defendant’s premises.

       Defendant moves to strike the claim for punitive damages as it is not supported by any facts showing malice, fraud, or oppression. Leave to amend should not be granted. Defendant timely served the motion on Plaintiff on September 27, 2023. No opposition has been filed.

       The predicate acts to support a claim for punitive damages must be intended to cause injury or must constitute “malicious” or “oppressive” conduct as defined by statute. “Malice” is defined as “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.” (Civ. Code, § 3294 subd. (c)(1).) "Oppression" is defined as “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.” (Civ. Code, § 3294 subd. (a) subd. (c)(2).)  Absent an intent to injure the plaintiff, the conduct must be “despicable” which is defined as “base, vile, or contemptible.” (College Hospital Inc. v. Superior Court of Orange County (1994) 8 Cal.4^th 704, 725.)

       Plaintiff filed a Judicial Council Form complaint which does not allege any facts indicating malice, fraud, or oppression. The complaint arises from negligence. Conduct constituting negligence, gross negligence, or recklessness is insufficient to support a claim for punitive damages. (Dawes v. Superior Court (1980) 111 Cal. App. 3d 82, 87.)

       Without an opposition, there is no showing that Plaintiff can amend the complaint to state a claim for punitive damages, which is Plaintiff’s burden. (Association of Community Organizations for Reform Now v. Department of Industrial Relations (1995) 41 Cal. App. 4th 298, 302.) Accordingly, the motion to strike paragraph 14(a)(2) of the complaint requesting punitive damages is GRANTED without leave to amend.