Judge: Robert B. Broadbelt, Case: 23STCV21962, Date: 2024-01-11 Tentative Ruling

Case Number: 23STCV21962    Hearing Date: January 11, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant iColor Printing and Mailing, Inc.

RESPONDING PARTY:       Plaintiff Blanca Diaz De Leon

Motion to Strike Punitive Damages Allegations from Complaint

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

DISCUSSION

Defendant iColor Printing & Mailing, Inc. (“Defendant”) moves the court for an order striking from the Complaint, filed by plaintiff Blanca Diaz De Leon (“Plaintiff”) on September 12, 2023, the prayer for punitive damages and the related allegations set forth in paragraphs 28, 39, 51, 57, 67, 75, 83, and 95.

The court grants Defendant’s motion to strike the prayer for punitive damages and related allegations because Plaintiff has not alleged facts establishing that (1) Defendant is guilty of oppression, fraud, or malice, and (2) the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice was on the part of an officer, director, or managing agent for Defendant.  (Civ. Code, § 3294, subds. (a), (b).)

ORDER

            The court grants defendant iColor Printing & Mailing, Inc.’s motion to strike punitive damages allegations from complaint.

            The court grants plaintiff Blanca Diaz De Leon 20 days leave to file a First Amended Complaint that cures the deficiencies with her requests for punitive damages.

            The court orders defendant iColor Printing & Mailing, Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 11, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court