Judge: Robert B. Broadbelt, Case: 23STCV31331, Date: 2025-02-06 Tentative Ruling

Case Number: 23STCV31331    Hearing Date: February 6, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant Soledad Enrichment Action         

RESPONDING PARTY:       Plaintiff Cynthia Zaragoza

Motion to Strike Punitive Damages

The court considered the moving papers filed in connection with this motion.

The court did not consider the opposition papers filed by plaintiff Cynthia Zaragoza on January 27, 2025, because they were not served and filed at least nine court days before the hearing on this motion.  (Opp., p. 13 [proof of electronic service on January 27, 2025]; Code Civ. Proc., § 1005, subd. (b).)

No reply papers were filed in connection with this motion.

DISCUSSION

Defendant Soledad Enrichment Action, Inc. (“Defendant”) moves the court for an order striking the prayer for punitive damages and supporting allegations in the First Amended Complaint filed by plaintiff Cynthia Zaragoza (“Plaintiff”), as set forth in (1) paragraphs 90, 91, 104, 105, 115, 116, 125, 126, 136, 137, 156, 166, 181, and 182, and (2) paragraph 5 of the prayer.

The court denies Defendant’s motion to strike because Plaintiff has alleged sufficient facts establishing that (1) Defendant was guilty of malice or oppression, including because Plaintiff has alleged, for example, that (i) in retaliation for taking medical leave and for complaining about the retaliation, Defendant required Plaintiff to work from a closet with no windows even though there were empty offices with windows available for use (FAC ¶ 17), and (ii) in retaliation for taking medical leave and for complaining about the retaliation, Defendant, through Ana Bernal and Johnny Torres, demanded that Plaintiff begin to visit the USC medical center to carry out her work duties even though (A) Plaintiff had not previously been required to work from that location and (B) Defendant and its management staff knew that Plaintiff’s son had passed away at that medical center (FAC ¶ 18), such that Plaintiff has alleged facts to establish an inference that Defendant changed Plaintiff’s work duties and location to cause her emotional and mental distress,[1] and (2) Defendant’s advance knowledge and conscious disregard, authorization, or ratification of the acts of oppression or malice were on the part of Defendant’s officer, director, or managing agent (FAC ¶¶ 91, 105, 116, 126, 137, 182).  (Civ. Code, § 3294, subds. (a), (b), (c)(1), (c)(2).)

ORDER

            The court denies defendant Soledad Enrichment Action, Inc.’s motion to strike.

            The court orders defendant Soledad Enrichment Action, Inc. to file an answer to plaintiff Cynthia Zaragoza’s First Amended Complaint within 10 days of the date of this order.

            The court orders plaintiff Cynthia Zaragoza to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 6, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court