Judge: Theodore R. Howard, Case: 22-1265088, Date: 2023-06-15 Tentative Ruling

 The Motion to Strike, filed by  Plaintiff/Cross-Defendant Michael Scott Bacher dba Design Properties (here as moving party, “MP”) as to the First Amended Cross-Complaint (the “FAXC”) filed by Defendants/Cross-Complainants Ramesh Prasad, Madhu Prasad, and Ajeshni Doreen Singh (“Defendants”) on 9/15/22, is DENIED.

The Motion is directed only to the claim for punitive damages which appears in ¶ 4 of the FAXC’s Prayer.  MP argues that it must be stricken as the FAXC fails to state sufficient facts to support it.  However, the FAXC includes both a fraud claim and a claim for breach of fiduciary duty, each of which could support a punitive damages claim. The FAXC also alleges that MP made a number of knowingly false claims to induce the Defendants to enter into the agreement with MP. (FAXC ¶¶ 74-83, and 97-102.)  Although not a model of clarity, those allegations provide adequate specificity for pleading purposes. The Motion is therefore denied.

MP is to answer the FAXC within 10 days and is to give notice of this ruling.