Judge: Nathan R. Scott, Case: Gomez v. Fuentes, Date: 2022-11-18 Tentative Ruling

Case Management Conference

The CMC is continued to 2/3/23 at 2 pm.

Motion to Strike

Defendant Carlos Bautista Fuentes’ motion to strike is granted.  (See Code Civ. Proc., §§ 435-436.)

Plaintiff shall have leave to file and serve an amended complaint within 15 days.

The complaint fails to allege facts showing defendant acted with gross negligence, engaged in extreme and outrageous conduct, or acted with malice, oppression, or fraud.  (See Civ. Code, § 3294 [malice, oppression, or fraud ]; College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 725 [despicable conduct]; Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1041-1042 [need for “factual assertions supporting” plaintiff’s conclusions].)

The complaint instead alleges defendant “crossed over the lane and hit [plaintiff’s] car in a ‘t-bone’ crash,” which sounds in ordinary negligence.  (Compl. ¶ 4.)

The complaint also alleges defendant was later arrested for DUI (Compl. ¶ 6), but fails to allege facts comparable to those in Taylor, which authorized punitive damages against “[o]ne who wilfully consumes alcoholic beverages to the point of intoxication, knowing that he thereafter must operate a motor vehicle.”  (Taylor v. Superior Court (1979) 24 Cal.3d 890.)

Defendant shall give notice.