Judge: Robert B. Broadbelt, Case: 21STCV11986, Date: 2023-02-17 Tentative Ruling

Case Number: 21STCV11986    Hearing Date: February 17, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants PBM Quality Apartment Homes, Vikram Budhraja, 11956 Dorothy Avenue, Irvin Matsukiyo, and Rajan Anejo

RESPONDING PARTIES:     Plaintiffs Eric Martin and Gissell Acevedo     

Motion to Strike Portions of First Amended Complaint

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

BACKGROUND

Plaintiffs Eric Martin and Gissell Acevedo (“Plaintiffs”) filed this breach of warranty of habitability action on March 29, 2021.  Plaintiffs filed their operative First Amended Complaint on June 3, 2022, against defendants Frederick Pardee, PBM Quality Apartment Homes, Vikram Budhraja, 11956 Dorothy Avenue, LLC, Irvin Matsukiyo, and Rajan Anejo.

Plaintiffs allege four causes of action for (1) breach of implied warranty of habitability, (2) negligence, (3) nuisance, and (4) breach of contract.

Defendants PBM Quality Apartment Homes (“PBM”), Vikram Budhraja (“Budhraja”), 11956 Dorothy Avenue (“Dorothy Avenue”), Irvin Matsukiyo (“Matsukiyo”), and Rajan Anejo (“Anejo”) (collectively, “Defendants”) move the court for an order striking Plaintiffs’ request for punitive damages and related allegations.

DISCUSSION

Defendants move to strike the following from Plaintiffs’ First Amended Complaint: (1) the allegations that the wrongful conduct was condoned, authorized and/or ratified by a managing agent, director or officer of defendant PBM, and that Defendants acted with malice, fraud, oppression, and in reckless disregard of Plaintiffs’ rights, set forth in paragraphs 35 and 59; (2) the allegation that Defendants acted with reckless disregard of the damage being caused to Plaintiff and failed to abate the nuisances, which was oppressive and malicious, set forth in paragraph 56; and (3) Plaintiffs’ prayer for punitive damages, set forth in subdivision (h) of the Prayer.

The court denies defendants Budhraja, Matsukiyo, and Anejo’s motion to strike because Plaintiffs have alleged facts establishing that these defendants have been guilty of oppression or malice based on their failure to address the harmful conditions in Plaintiffs’ residence knowing of the health risks to Plaintiffs, and in particular, to plaintiff Martin, who informed Defendants that he is asthmatic and was hospitalized due to the mold-related issues.  (Code Civ. Proc., § 436; Civ. Code, § 3294, subd. (a).)

The court denies PBM and Dorothy Avenue’s motion to strike because Plaintiffs have alleged facts establishing (1) PBM and Dorothy Avenue were guilty of malice or oppression based on the conduct described above, and (2) advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud or malice on the part of an officer, director, or managing agent of PBM and Dorothy Avenue, since Plaintiffs have alleged that the wrongful conduct was “condoned, done with advance knowledge, authorization and/or ratified by a managing agent, director or officer” of PBM and Dorothy Avenue (FAC ¶¶ 36, 61).  (Code Civ. Proc., § 436; Civ. Code, § 3294, subds. (a), (b).)

ORDER

The court denies defendants PBM Quality Apartment Homes, Vikram Budhraja, 11956 Dorothy Avenue, Irvin Matsukiyo, and Rajan Anejo’s motion to strike portions of First Amended Complaint.

The court orders plaintiffs Eric Martin and Gissell Acevedo to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 17, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court