Judge: Stephen I. Goorvitch, Case: 22STCV21819, Date: 2023-03-06 Tentative Ruling

Case Number: 22STCV21819    Hearing Date: March 6, 2023    Dept: 39

Beverly Watson v. Crystal Stairs, Inc., et al.

Case No. 22STCV21819

Demurrers and Motions to Strike

            Plaintiff Beverly Watson (“Plaintiff”) filed this employment case against her employer, Crystal Stairs, Inc. (“Crystal Stairs”), as well as Crystal Stairs employees Kendall Hirai (“Hirai”), Jackie Majors (“Majors”), Lytanya Loughridge (“Loughridge”), and Lashonna Grant (“Grant”).  The Court previously overruled Grant’s demurrer to the second cause of action, but sustained the remaining demurrers.  (See Court’s Minute Orders, dated September 28, October 13, and November 3, 2022.)  Plaintiff filed a first amended complaint.  Now, Hirai, Majors, and Loughridge demur to the second and sixteenth causes of action, for hostile work environment harassment under FEHA and intentional infliction of emotional distress (“IIED”), respectively.  Crystal Stairs and Grant demur to the sixteenth cause of action, for IIED.  After the motions were filed, Plaintiff dismissed the IIED claim against Grant.  Defendants all move to strike the prayer for punitive damages. 

The Court incorporates its prior orders by reference.  The first amended complaint does not resolve the deficiencies in the original complaint.  In fact, the first amended complaint appears to assert virtually no new facts.  Therefore, the Court sustains all demurrers.  Because the individuals are no longer defendants in this action, the Court need not rule on their motions to strike.

Crystal Stairs and Grant move to strike the prayer for punitive damages.  To state a prima facie claim for punitive damages, a plaintiff must allege the elements set forth in the punitive damages statute, Civil Code section 3294.  (Coll. Hosp., Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.)  Per Civil Code section 3294, a plaintiff must allege that the defendant has been guilty of oppression, fraud or malice.  (Civ. Code, § 3294, subd. (a).)  “Malice is defined in the statute as conduct intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.”  (Coll. Hosp., Inc. v. Superior Court (1994) 8 Cal.4th 704, 725.)  “The mere allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages.  Not only must there be circumstances of oppression, fraud or malice, but facts must be alleged in the pleading to support such a claim.”  (Grieves v. Superior Ct. (1984) 157 Cal.App.3d 159, 166, internal citations and footnotes omitted.)  Plaintiff has not alleged sufficient facts to assert a claim for punitive damages against these defendants.

Based upon the foregoing, the Court orders as follows:

1.         The Court sustains the defendants’ demurrers. 

2.         Kendall Hirai, Jackie Majors, and Lytanya Loughridge are dismissed with prejudice. 

3.         The Court grants Crystal Stairs and Grant’s motion to strike the prayer for punitive damages and related allegations.

4.         The Court denies leave to amend.

5.         Crystal Stairs and Grant shall file an answer within thirty (30) days.

6.         Defendants’ counsel shall provide notice and file proof of such with the Court.