Judge: Michael Small, Case: 23STCV16882, Date: 2024-10-09 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 23STCV16882    Hearing Date: October 9, 2024    Dept: 57

The Court is overruling demurrer of Defendant Woodlake Property, LP to the claim for tortious breach of the implied warranty of habitability in the Plaintiffs' Second Amended Complaint ("SAC").  In the Court's view, the allegations in the SAC are sufficient to support that claim.

The Court is granting with leave to amend Woodlake Property LP's motion to strike the allegations related to punitive damages in the SAC.  The Court is granting the motion on the following two grounds.  First, in their opposition to the motion, Plaintiffs failed to address Woodlake Property LP's argument that the SAC  contains insufficient allegations that the purportedly malicious, oppressive, or fraudulent actions of Woodlake Property, LP on which the SAC's request for punitive damages rests were carried out by an officer, director or managing agent of Woodlake Property, LP.   In the Court's view, that argument has force.  Second, separate and apart from that defect,  Plaintiffs' opposition also fails to address Woodlake Property, LP's argument that the allegations in the SAC are insufficient to support an award of punitive damages in connection with the third claim in the SAC for negligence.   That argument, too, has force.   The Court is giving Plaintiffs leave to amend because whereas the Plaintiffs' current operative pleading is the SAC, the demurrer and motion to strike of Woodlake Property, LP marks the first time that this Court has had occasion to evaluate the sufficiency of the allegations in Plaintiffs' pleadings.  Under those circumstances, leave to amend is appropriate.