Judge: Thomas S. Mcconville, Case: 2023-01301473, Date: 2023-08-21 Tentative Ruling

Defendants Leslie Sulesa Aleman (Aleman), Uriel Lopez, and Maricela Lopez’s motion to strike portions of complaint is GRANTED to the extent it has been brought by Aleman, and otherwise DENIED.

Plaintiff Debbie Tien (plaintiff) is granted 10 days leave to file a first amended complaint.

Defendant Aleman. The complaint fails to state facts sufficient to state a claim for punitive damages. (See Civ. Code, § 3294 [punitive damages]; see also Lackner v. North (2006) 135 Cal.App.4th 1188, 1211, 1213 [elements of malice based on unintentional conduct are (1) the defendant was aware of the probable dangerous consequences of her conduct, (2) defendant willfully and deliberately failed to avoid those consequences, and (3) the conduct was despicable]; College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704, 724; Johnson & Johnson Talcum Powder Cases (2019) 37 Cal.App.5th 292, 332-333; see also Taylor v. Superior Court (1979) 24 Cal.3d 890, 895-896 (Taylor).) 

Driving while under the influence of alcohol, without more, constitutes a mere traffic violation and does not support a claim for punitive damages. (See Dawes v. Superior Court (1980) 111 Cal.App.3d 82, 90 [allegations of intoxication, excessive speed, driving with defective equipment or the running of a stop signal, without more, do not state a cause of action for punitive damages]; see also Taylor, supra, 24 Cal.3d at pp. 899-900 [stating in dicta, “ordinarily, routine negligent or even reckless disobedience of traffic laws would not justify an award of punitive damages”]; Bell v. Sharp Cabrillo Hospital (1989) 212 Cal.App.3d 1034, 1044 [“ ‘it is not sufficient to show only that the defendant’s conduct was negligent, grossly negligent or even reckless’ ”].)

Defendants Uriel Lopez and Maricela Lopez. The motion is DENIED to the extent it has been brought by Uriel Lopez and Maricela Lopez (Doe 1), as the complaint does not seek punitive damages against these defendants. (See Compl. ¶ 28.)

Defendants shall give notice.