18-CIV-02880 DALINA BOLTE VS. SWISSPORT CARGO SERVICES, INC., ET AL.

DALINA BOLTE SWISSPORT CARGO SERVICES, INC.
KAILYN SHARP GARTH W. AUBERT

MOTION TO STRIKE PUNITIVE DAMAGES TENTATIVE RULING:

NOTICE: Please be advised the court may be unable to provide a court reporter for October 15, 2018. Parties desiring to contest the tentative ruling and who require a transcript should arrange to bring a certified shorthand reporter or request a continuance at the time of the hearing.

Defendant’s motion to strike Plaintiff’s claim for punitive damages is DENIED.

Plaintiff has alleged sufficient facts to support the allegation that Defendant acted with “willful and conscious disregard of the rights or safety of others” in violation of Civil Code. § 3294(c)(1). Plaintiff has specifically alleged that Defendant “continued to understaff its ramps and fail[ed] to provide sufficient training despite receiving written and verbal warnings from SFO about this very problem.” [FAC, ¶ 9] Further, Plaintiff has alleged that Defendant used ground support equipment that it knew to be mechanically unfit without making needed repairs. [FAC, ¶ 10] Plaintiff alleges that Defendant failed to remedy known violations of safety standards despite multiple warnings. [FAC ¶¶ 9-12] Taking these facts as true, Plaintiff has alleged sufficient facts to support a claim for punitive damages.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.