Judge: Michael T. Smyth, Case: 37-2022-00025372-CU-PA-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2022-00025372-CU-PA-CTL CARMAN VS DONALD [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 09/27/2023

Defendant Marina Mosley's Motion to Strike is DENIED. As the court previously noted, it is a close question whether punitive damages are available on these facts. (ROA 82.) Plaintiff has added allegations expanding on Defendant's conduct in fleeing the scene: 'Marina Mosley knew or should have known that Ms. Carman had suffered severe injuries and required medical attention, but she fled the scene of the rollover collision without rendering aid or assistance, or calling emergency services, thereby consciously disregarding Ms. Carman's rights, safety, and wellbeing.' (FAC, ¶ 15.) Taken as true, this allegation, in addition to allegations that Defendant was under the drinking age, had a past history of alcohol abuse, and knew she would later be driving 'for an extended period of time from San Clemente, Orange County to her home in Downtown, San Diego,' render the FAC sufficient to support punitive damages at this stage of the proceedings. (E.g., FAC, ¶¶ 20, 21, 25.) The motion is denied.

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