Judge: Nathan R. Scott, Case: Barton v. State Farm General Ins. Co., Date: 2022-10-28 Tentative Ruling

Case Management Conference

The CMC is continued to 12/1/22 at 2 pm.

Motion to Strike

Defendant State Farm General Insurance Company’s motion to strike is denied.  (Code Civ. Proc., §§ 435, 436.)

Defendant shall file its answer within 10 days.

The complaint states facts sufficient to support a prayer for punitive damages.  (See Civ. Code, § 3294, subd. (c)(1) [malice], (2) [oppression]; see also Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc. (2000) 78 Cal.App.4th 847, 892 [punitive damages available for “a careless disregard for the rights of its insured and an obstinate persistence in an ill-advised initial position”]; see also Compl. ¶¶ 22-48 [alleging defendant conducted an inadequate investigation, ignored evidence of sudden water intrusion, and unreasonably failed to reconsider its denial in the face of contrary evidence].)

Defendant shall give notice.