Judge: Robert B. Broadbelt, Case: 23STCV20959, Date: 2024-07-29 Tentative Ruling

Case Number: 23STCV20959    Hearing Date: July 29, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:              Defendants 24 CMN, LLC and CYN, LLC  

RESPONDING PARTIES:    Plaintiffs Mugihiko Morijiri, Keiko Morijiri, and Zion Morijiri and Ewan Morijiri, by and through their guardian ad litem, Keiko Morijiri

Motion to Strike Portions of Complaint

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

DISCUSSION

Defendants 24 CMN, LLC and CYN, LLC (“Defendants”) move the court for an order striking the prayer for punitive damages (Compl., Prayer, p. 23:20) and related allegations (Compl., ¶¶ 117, 161, 172[1]) in the Complaint filed by plaintiffs Mugihiko Morijiri, Keiko Morijiri, and Zion Morijiri and Ewan Morijiri, by and through their guardian ad litem, Keiko Morijiri (“Plaintiffs”).

The court grants Defendants’ motion to strike the prayer for punitive damages and related allegations because Plaintiffs have not alleged facts establishing (1) Defendants are guilty of oppression, fraud, or malice, 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 Defendants.  (Code Civ. Proc., § 436; Civ. Code, § 3294, subds. (a), (b).)  

The court finds that the allegations that Ariana Javaheri, the property supervisor and managing agent of Defendants, informed Plaintiffs that the dark staining on their wall was not mold but mildew and advised Plaintiffs that they would have to pay for the mold test if the results were negative (Compl., ¶¶ 21-23) do not show that Defendants (1) engaged in conduct intended to cause injury to Plaintiffs or despicable conduct carried on with a willful and conscious disregard of the rights or safety of Plaintiffs, or (2) engaged in despicable conduct subjecting Plaintiffs to cruel and unjust hardship in conscious disregard of their rights.  (Civ. Code, § 3294, subds. (c)(1) [defining malice], (c)(2) [defining oppression].)  Moreover, while the court acknowledges that Plaintiffs have also alleged that plaintiff Ewan Morijiri was diagnosed with leukemia, is immunocompromised, and was advised not to reside in a premises with mold because it would be injurious and possibly fatal (Compl., ¶ 23), Plaintiffs did not allege facts establishing that Defendants knew of this risk, such that Ariana Javaheri’s conduct may be considered malicious or oppressive.

ORDER

            The court grants defendants CMN, LLC and CYN, LLC’s motion to strike the prayer for punitive damages and paragraphs 117, 161, and 172 of plaintiffs Mugihiko Morijiri, Keiko Morijiri, and Zion Morijiri and Ewan Morijiri, by and through their guardian ad litem, Keiko Morijiri’s Complaint in this action.

            The court grants plaintiffs Mugihiko Morijiri, Keiko Morijiri, and Zion Morijiri and Ewan Morijiri, by and through their guardian ad litem, Keiko Morijiri 20 days leave to file a First Amended Complaint that cures the defects set forth in this ruling.

            The court orders defendants CMN, LLC and CYN, LLC to give notice of this ruling.

IT IS SO ORDERED.

DATED:  July 29, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court