Judge: Robert B. Broadbelt, Case: 23STCV04644, Date: 2023-11-28 Tentative Ruling

Case Number: 23STCV04644    Hearing Date: November 28, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants Equity Residential Management, LLC and EQR-Glo Apartments Limited Partnership

RESPONDING PARTY:       Plaintiff Brittany Mixon

Motion to Strike Portions of Complaint

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

DISCUSSION

Defendants Equity Residential Management, LLC and EQR-Glo Apartments Limited Partnership (“Defendants”) move the court for an order striking the following from the Complaint filed in this action by plaintiff Brittany Mixon (“Plaintiff”): (1) the prayer for punitive damages, as set forth in paragraph 5 of the prayer, and (2) the related allegations in support of Plaintiff’s requests for punitive damages, as set forth in paragraphs 51-54, 65, 97, 103, 112, 121, and 127.

The court grants Defendants’ motion to strike Plaintiff’s prayer for punitive damages and the related allegations, as set forth in paragraphs 51-54, 65, 97, 103, 112, 121, and 127 because Plaintiff has not pleaded facts establishing that Defendants (1) intended to cause injury to Plaintiff or carried on conduct with a willful and conscious disregard of Plaintiff’s rights or safety, (2) carried on despicable conduct that subjected Plaintiff to cruel and unjust hardship in conscious disregard of Plaintiff’s rights, or (3) made fraudulent misrepresentations or concealments, and therefore Plaintiff has not alleged facts establishing that Defendants or its officers, directors, or managing agents have been guilty of or authorized or ratified acts of malice, oppression, or fraud.  (Civ. Code, § 3294, subds. (a), (c); McNeal v. Whittaker, Clark & Daniels, Inc. (2022) 80 Cal.App.5th 853, 872 [“Despicable conduct is conduct that is so vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and despised by ordinary decent people”] [internal quotations omitted].) 

Although the court notes that Plaintiff has pleaded facts alleging (1) the existence of a rat infestation in the common areas of the property, including the parking garage, which caused damage to Plaintiff’s vehicle, (2) that a leaking air conditioning unit caused discoloration of the tub, and (3) that a leaking sink caused property damage to Plaintiff’s property stored thereunder, the court finds that Defendants’ alleged failure to remedy those conditions does not constitute malicious, oppressive, or fraudulent behavior.  (Compl., ¶¶ 20, 24, 30, 43, 45, 53.)  The court also notes that, although Plaintiff has pleaded that Defendants failed to maintain, inter alia, plumbing and gas facilities, hot and cold-water supplies, and proper heating, those allegations are conclusory and are therefore insufficient to establish malice, oppression, or fraud on the part of Defendants.  (Compl., ¶ 61.) 

ORDER

            The court grants defendants Equity Residential Management, LLC and EQR-Glo Apartments Limited Partnership’s motion to strike.

            The court grants plaintiff Brittany Mixon 20 days leave to file a First Amended Complaint that cures the deficiencies set forth in this ruling.

The court orders defendants Equity Residential Management, LLC and EQR-Glo Apartments Limited Partnership to give notice of this ruling.

IT IS SO ORDERED.

DATED:  November 28, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court