18-CIV-02779 JEFF LARSEN, ET AL. VS. DOUG FEICK, ET AL.

JEFF LARSEN DOUG FEICK
JONATHAN BLACK DAVIS J. REILLY

DEFENDANT DOUG FEICK AND KELLY BRENNAN’S MOTION TO STRIKE PORTIONS OF PLAINTIFFS’ COMPLAINT TENTATIVE RULING:

Defendants DOUG FEICK and KELLY BRENNAN’s Motion to Strike is GRANTED WITHOUT LEAVE TO AMEND, in its entirety.

In order to survive a motion to strike punitive damages, a plaintiff must plead the specific detailed ultimate facts, not conclusory allegations or generalities, establishing that plaintiff is entitled to the relief sought. Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255. In establishing a claim for punitive damages, plaintiff must show by “clear and convincing” evidence that the defendant is guilty of oppression, fraud or malice. Civil Code § 3294(a). Plaintiffs fail to do so here, and fail to demonstrate how they may amend their Complaint to properly state a punitive damages claim. Accordingly, the motion is granted without leave to amend as to these allegations.

Plaintiffs’ prayer for attorney’s fees likewise fails. Plaintiffs acknowledge that the basis of this claim is Civil Code § 1942.4, but fail to plead the requisite elements of Civil Code § 1942.4(a)(2) and (3). The motion is therefore granted without leave to amend as to the prayer for attorney’s fees.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.