Judge: Robert B. Broadbelt, Case: 20STCV14015, Date: 2023-01-17 Tentative Ruling

Case Number: 20STCV14015    Hearing Date: January 17, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants Persian-American Adult Day Health Care Center, Inc., dba Forever Young Adult Day Health Care Center, Vardkes Esrailian, and Abdul Toukhi

RESPONDING PARTIES:    Plaintiffs Kazem Sanikhatam, by and through his successor-in-interest Mitra Azizi, and Mitra Azizi

Motion to Strike Portions of First Amended Complaint

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiffs Kazem Sanikhatam, by and through his successor-in-interest, Mitra Azizi, and Mitra Azizi (“Plaintiffs”) filed this elder abuse and wrongful death action against defendants Persian-American Adult Day Health Care Center, Inc., dba Forever Young Adult Day Health Care Center and Vardkes Ken Esrailian on April 10, 2020.  Plaintiff identified defendant Doe 1 to be Abdul Toukhi on August 18, 2021. 

Plaintiffs filed the operative First Amended Complaint on February 1, 2022, alleging four causes of action for (1) elder abuse/neglect, (2) negligence, (3) negligent hiring, supervision, and retention, and (4) wrongful death. 

Defendants Persian-American Adult Day Health Care Center, Inc., dba Forever Young Adult Day Health Care Center (“Forever Young”), Vardkes Ken Esrailian (“Esrailian”), and Abdul Toukhi (“Toukhi”) (collectively, “Defendants”) now move the court for an order striking from the First Amended Complaint (1) Plaintiffs’ prayer for punitive damages (Prayer, ¶ 4), and (2) the allegations in support of the request for punitive damages (FAC ¶¶ 75-76, 103, 106, 108).

The court grants defendant Esrailian’s motion to strike Plaintiffs’ prayer for punitive damages and related allegations (FAC ¶¶ 75-76, 103, 106, 108; FAC Prayer, ¶ 4) because Plaintiffs have not alleged facts establishing that defendant Esrailian is guilty of oppression, fraud, or malice.  (Civ. Code, § 3294, subd. (a); Code Civ. Proc., § 436, subd. (a).)

The court grants defendant Toukhi’s motion to strike Plaintiffs’ prayer for punitive damages and related allegations (FAC ¶¶ 75-76, 103, 106, 108; FAC Prayer, ¶ 4) because Plaintiffs have not alleged facts establishing that defendant Toukhi is guilty of oppression, fraud, or malice.  (Civ. Code, § 3294, subd. (a); Code Civ. Proc., § 436, subd. (a).)

The court grants defendant Forever Young’s motion to strike Plaintiffs’ prayer for punitive damages and related allegations (FAC ¶¶ 75-76, 103, 106, 108; FAC Prayer, ¶ 4) because (1) Plaintiffs have not alleged facts establishing that defendant Forever Young is guilty of oppression, fraud, or malice, and (2) Plaintiffs have not alleged facts establishing advance knowledge and conscious disregard, authorization, ratification or an act of oppression, fraud, or malice on the part of an officer, director, or managing agent of the corporation.  (Civ. Code, § 3294, subds. (a), (b); Code Civ. Proc., § 436, subd. (a).)

The burden is on the plaintiff “to articulate how it could amend its pleading to render it sufficient.”¿ (Palm Springs Villas II Homeowners Assn., Inc. v. Parth (2016) 248 Cal.App.4th 268, 290.)¿ To satisfy that burden, a plaintiff “must show in what manner he can amend his complaint and how that amendment will change the legal effect of his pleading.”¿ (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.)¿ The court finds that Plaintiffs have not met their burden to show that the complaint could be amended to sufficiently support a request for punitive damages.  The court therefore grants the motion to strike without leave to amend.

ORDER

            The court grants defendants Persian-American Adult Day Health Care Center, Inc. dba Forever Young Adult Day Health Care Center, Vardkes Ken Esrailian, and Abdul Toukhi’s motion to strike portions of plaintiffs Kazem Sanikhatam, by and through his successor-in-interest Mitra Azizi, and Mitra Azizi’s First Amended Complaint without leave to amend.

The court orders that (1) the request for punitive damages set forth in paragraph 4 of the Prayer, and (2) paragraphs 75, 76, 103, 106, and 108 are stricken from the First Amended Complaint filed on February 1, 2022.

The court orders defendants Persian-American Adult Day Health Care Center, Inc. dba Forever Young Adult Day Health Care Center, Vardkes Ken Esrailian, and Abdul Toukhi to file an answer to the First Amended Complaint no later than 10 days from the date of this order.

The court orders defendants Persian-American Adult Day Health Care Center, Inc. dba Forever Young Adult Day Health Care Center, Vardkes Ken Esrailian, and Abdul Toukhi to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 17, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court