Judge: Steven A. Ellis, Case: 23STCV09985, Date: 2023-10-05 Tentative Ruling

Case Number: 23STCV09985    Hearing Date: October 5, 2023    Dept: 29

TENTATIVE

The Motion to Strike Plaintiff’s Prayer for Punitive Damages is GRANTED.

Background

This action arises out of an alleged slip and fall that occurred on May 22, 2021, at a CVS Pharmacy. On May 4, 2023, Plaintiff Essie Grant (“Plaintiff”) filed a Complaint asserting causes of action or negligence and premises liability against Garfield Beach CVS, LLC (“Defendant”), CVS Pharmacy Inc.; and Does 1 through 20.

Defendant filed the instant motion seeking to strike the request for punitive damages in the prayer for relief. Plaintiff did not file an opposition.

Legal Standard

The court may, upon motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (CCP § 436, subd. (a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436, subd. (b).) The grounds for a motion to strike are that the pleading has irrelevant, false, or improper matter, or has not been drawn or filed in conformity with laws. (CCP § 436.) The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice. (CCP § 437.)

A motion to strike any pleading must be filed “within the time allowed to respond to a pleading”—e.g., 30 days after service of the complaint or cross-complaint unless extended by court order or stipulation. (CCP § 435(b)(1)). This does not affect the court's power to strike sua sponte. Courts are specifically authorized to strike a pleading upon a motion or at any time in the court's discretion. (CCP § 436)

Meet and Confer

Defendant satisfied the meet-and-confer requirement of Code of Civil Procedure section 435.5, subdivision (a).

Discussion

Defendant contends that the allegations contained in the Complaint, even if taken as true, do not provide any basis for an award of punitive damages. Under Civil Code section 3294, punitive damages may be awarded only when a plaintiff proves by clear and convincing evidence that a defendant has acted with “oppression, fraud, or malice.” A motion to strike a request for punitive damages in a complaint may be granted when the facts alleged in the complaint, if proven, would still not support a finding of malice, fraud or oppression. (Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.)

Here, Plaintiff alleges that she was injured when she slipped and fell on Defendants’ property, “which was not cared for, secured, cleaned, and/or maintained by defendants.” (Complaint, ¶ 10.) “No visible signs were posted” warning of the dangerous condition, Plaintiff alleges. (Complaint, ¶¶ 11-12.) This is, as pleaded, a case involving allegations of negligence and a breach of the duty of care, not a case involving intentional wrongdoing, much less oppression, fraud, or malice. Accordingly, the motion to strike is GRANTED.

Plaintiff has not filed an opposition or otherwise shown that there is any reasonable likelihood that she could, by amendment, cure the defect and state a viable claim to recover punitive damages. Accordingly, the motion to strike is granted WITHOUT LEAVE TO AMEND.

Conclusion

The Court GRANTS Defendant’s motion to strike the prayer for punitive damages (Complaint page 6, prayer for relief, item 6) WITHOUT LEAVE TO AMEND.

Moving party is ordered to give notice.