Judge: Thomas D. Long, Case: 23STCV00923, Date: 2023-09-19 Tentative Ruling

Case Number: 23STCV00923    Hearing Date: February 13, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 17, 2023, Plaintiff DeLois Jacobs filed this action against Defendant Public Counsel.

On September 19, 2023, the Court granted Defendant’s motion to strike punitive damages and granted Plaintiff 30 days’ leave to amend.

On November 9, 2023, Plaintiff filed a first amended complaint (“FAC”).

On December 4, 2023, Defendant filed a motion to strike the FAC.

The court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court.  (Code Civ. Proc., § 436, subds. (a)-(b).)

Defendant moves to strike the entire FAC because it was untimely filed after the Court’s grant of 30 days’ leave to amend.  The Court may dismiss a complaint if a plaintiff fails to amend their complaint within the time allowed after a motion to strike was granted.  (Code Civ. Proc., § 581, subd. (f)(4).)

Plaintiff filed her FAC 51 days after the Court granted 30 days’ leave to amend.  However, the late filing does not prejudice Defendant.  The amendment relates only to punitive damages, not the substantive claims.  Additionally, Defendant demonstrates the lack of prejudice because its motion for summary judgment already cites the FAC.  The motion to strike the entire FAC is denied.

Alternatively, Defendant moves to strike the allegations relating to punitive damages: paragraphs 21, 42, 54, 60, 72, 80, 88, 109, and the prayer for punitive damages.  Plaintiff’s minimal amendments, alleging termination for pretextual reasons (FAC ¶ 22), do not cure the deficiencies identified in the Court’s prior order.  As noted before, “wrongful termination, without more, will not sustain a finding of malice or oppression.”  (Scott v. Phoenix Schools, Inc. (2009) 175 Cal.App.4th 702, 717.)  The motion is granted on this ground.

The motion to strike is GRANTED IN PART.  Paragraphs 21, 42, 54, 60, 72, 80, 88, 109, and the prayer for punitive damages are stricken.  Because Plaintiff has not shown how she can cure the deficiencies, no further leave to amend is granted.

Defendant’s motion for summary judgment is scheduled for May 30, 2024, after the current Final Status Conference and trial dates.  Accordingly, on the Court’s own motion, the Final Status Conference scheduled for 04/29/2024 at 9:00 a.m. is advanced to this date and CONTINUED to 08/05/2024 at 9:00 a.m.  The Jury Trial (Five to Seven-Day Estimate) scheduled for 05/13/2024 at 9:00 a.m. is advanced to this date and CONTINUED to 08/19/2024 at 9:00 a.m.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 13th day of February 2024