Judge: William A. Crowfoot, Case: 22STCV17290, Date: 2022-12-14 Tentative Ruling

Case Number: 22STCV17290    Hearing Date: December 14, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          On May 25, 2022, plaintiff Robert E. Edmonson (“Plaintiff”) filed this action against defendant City of Los Angeles (“Defendant”) and Southwest Airlines Co.  On October 5, 2022, Defendant filed this motion to strike Plaintiff’s request for punitive damages. 

          Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof.  (Code Civ. Proc., § 435, subd. (b)(1).)  The court may, upon a 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.  (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”].)  The court may also strike all or any part of any pleading not drawn or filed in conformity with California law, a court rule, or an order of the court.  (Code Civ. Proc., § 436, subd. (b).)  An immaterial or irrelevant allegation is one that is not essential to the statement of a claim or defense; is neither pertinent to nor supported by an otherwise sufficient claim or defense; or a demand for judgment requesting relief not supported by the allegations of the complaint.  (Code Civ. Proc., § 431.10, subd. (b).)  The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice.  (Code Civ. Proc., § 437.)

“Before filing a motion to strike . . . the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike.”  (Code Civ. Proc., § 435.5, subd. (a).)  If no agreement is reached, the moving party shall file and serve with the motion to strike a declaration stating either: (1) the means by which the parties met and conferred and that the parties did not reach an agreement, or (2) that the party who filed the pleading failed to respond to the meet and confer request or otherwise failed to meet and confer in good faith.  (Code Civ. Proc., § 435.5, subd. (a)(3).)

          Defense counsel declares that he sent multiple communications to Plaintiff’s counsel, called Plaintiff’s counsel’s office, and left a message, but received no reply to his attempts to meet and confer.  The meet and confer requirement is satisfied. 

Defendant moves to strike Plaintiff’s prayer for punitive damage.  Government Code section 818 provides: “Notwithstanding any other provision of law, a public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant.” 

Here, Defendant is a public entity immune from punitive damages.  There is no request for civil penalties which may make punitive damages remedial in some nature.  (See Los Angeles County Metropolitan Transp. Authority v. Superior Court (2004) 123 Cal.App.4th 261, 271 [providing narrow exception to Gov. Code § 818 for civil penalties with remedial aim].) 

Plaintiff did not oppose this motion to show how leave to amend is possible.  Accordingly, Defendant’s motion to strike is GRANTED without leave to amend.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.