DAVID S ET AL VS LOS ANGELES UNIFIED SCHOOL DISTRICT

Case Number: BC555546 Hearing Date: May 09, 2016 Dept: 98

DAVID S., a Minor, by and through his Guardian ad Litem, KIMBERLY SHAPIRO, et al.,
Plaintiffs,
vs.

LOS ANGELES UNIFIED SCHOOL DISTRICT, et al.,

Defendants.

CASE NO: BC555546

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO STRIKE CERTAIN PORTIONS OF THE FIRST AMENDED COMPLAINT

Dept. 98
1:30 p.m.
May 9, 2016

On August 22, 2014, Plaintiffs David S., a Minor, by and through his Guardian ad Litem, Kimberly Shapiro; and Kimberly Shapiro (“Plaintiffs”) filed this action. Plaintiffs’ operative First Amended Complaint (“FAC”) seeks punitive damages. Defendant Los Angeles Unified School District (“LAUSD”) now moves to strike the prayer for punitive damages against it from Plaintiffs’ FAC.

“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 ….” Cal. Code of Civ. Proc., § 435(b)(1). “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading [or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Id., §§ 436(a)-(b).

“In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” Cal. Civil Code § 3294(a). “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.” Cal. Gov. Code § 818.

Plaintiffs’ claim for punitive damages against LAUSD, a public entity, is expressly barred by Government Code section 818. Therefore, LAUSD’s Motion to Strike Plaintiffs’ prayer for punitive damages against it is GRANTED.

Dated this 9th day of May, 2016

Hon. Holly J. Fujie
Judge of the Superior Court

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