Judge: Robert B. Broadbelt, Case: 22STCV02611, Date: 2022-08-12 Tentative Ruling

Case Number: 22STCV02611    Hearing Date: August 12, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Defendant Howard Management Group

RESPONDING PARTY:       Plaintiff Sofia Nemzer

(1)   Motion to Strike Punitive Damages

MOVING PARTY:                 Defendant 1544 9th Street, LLC

RESPONDING PARTY:       Plaintiff Sofia Nemzer

(2)   Motion to Strike Portions of First Amended Complaint

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

BACKGROUND

Plaintiff Sofia Nemzer (“Plaintiff”) filed this action against defendants 1544 9th Street, LLC, and Howard Management Group (“Defendants”) on January 21, 2022.  Plaintiff filed her operative First Amended Complaint against Defendants on March 8, 2022, alleging eight causes of action for (1) tortious breach of implied warranty of habitability; (2) negligence; (3) intentional infliction of emotional distress; (4) violation of Civil Code section 54.1; (5) violation of W.H.M.C. section 17.52.090; (6) violation of Civil Code section 1942.4; (7) violation of Business and Professions Code section 17200; and (8) constructive eviction. 

Defendants filed separate motions to strike Plaintiff’s request for punitive damages.

MOTION TO STRIKE FILED BY HOWARD MANAGEMENT GROUP

Defendant Howard Management Group moves the court for an order striking Plaintiff’s request for punitive damages and supporting allegations from the First Amended Complaint on the ground that Plaintiff has not alleged facts demonstrating that its acts were malicious, oppressive, or fraudulent.  (FAC, ¶¶ 32, 33, 40, 45, 57, 60, 83; FAC, Prayer, ¶¶ 2, 5, 8, 16, 22.)

The court grants Howard Management Group’s motion to strike Plaintiff’s request for punitive damages and related allegations because (1) Plaintiff has not alleged facts sufficient to establish that Howard Management Group was guilty of oppression, fraud, or malice in failing to repair the subject elevator, and (2) Plaintiff has not alleged, with respect to Howard Management Group, 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.   (Code Civ. Proc., § 436, subd. (a); Civ. Code, § 3294, subds. (a), (b).)

MOTION TO STRIKE FILED BY 1544 9TH STREET, LLC

Defendant 1544 9th Street, LLC moves the court for an order striking Plaintiff’s request for punitive damages and supporting allegations from the First Amended Complaint on the ground that Plaintiff has failed to allege sufficient facts upon which punitive damages may be awarded.  (FAC, ¶¶ 33, 40, 45, 57, 60, 82; FAC, Prayer, ¶¶ 2, 5, 8, 16, 22.)

The court grants 1544 9th Street, LLC’s motion to strike Plaintiff’s request for punitive damages and related allegations because Plaintiff has not alleged facts sufficient to establish that 1544 9th Street, LLC was guilty of oppression, fraud, or malice in failing to repair the elevator.  (Code Civ. Proc., § 436, subd. (a); Civ. Code, § 3294, subd. (a).)

ORDER

The court grants defendant Howard Management Group’s motion to strike.

The court grants defendant 1544 9th Street, LLC’s motion to strike.

The court orders the requests for punitive damages as set forth in (1) paragraphs 33, 40, 45, 60, and 83 in the First Amended Complaint and (2) paragraphs 2, 5, 8, 16, and 22 in the Prayer are stricken.  The court orders the related allegations and characterizations of Defendants’ conduct as willful, wanton, intentional, and despicable, as set forth in paragraphs 33, 40, 45, and 83, are stricken.

The court grants plaintiff Sofia Nemzer 20 days leave to file a Second Amended Complaint, to the extent amendment is possible, to allege facts to cure the defects addressed above.

The court orders defendant Howard Management Group to give notice of this order.

IT IS SO ORDERED.

DATED:  August 12, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court