LINE: 7 18-CIV-04249 JON-PAUL BELSTLER VS. RW ZUKIN, INC., ET AL.

JON-PAUL BELSTLER RW ZUKIN, INC.
CATALINA S. MUNOZ GRACE E. COLLER

RW ZUKIN, INC. AND TAJRIAN INVESTMENTS, LLC’S MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT TENTATIVE RULING:

Defendants’ Motion to Strike the First Amended Complaint is GRANTED IN PART and DENIED IN PART, as follows:

GRANTED WITH LEAVE TO AMEND as to the allegations and prayer for punitive damages. In order to survive a motion to strike punitive damages, 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).

DENIED as to the allegations and prayer for prejudgment interest pursuant to Civil Code § 3287(a).

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.

LINE: 8 18-CIV-04249 JON-PAUL BELSTLER VS. RW ZUKIN, INC., ET AL.

JON-PAUL BELSTLER RW ZUKIN, INC.
CATALINA S. MUNOZ GRACE E. COLLER

RW ZUKIN, INC. AND TAJRIAN INVESTMENTS, LLC’S DEMURRER TO COMPLAINT OF PLAINTIFF TENTATIVE RULING:

Defendants RW ZUKIN, INC. and TAJIRIAN INVESTMENTS, LLC’s Demurrer to First Amended Complaint is SUSTAINED IN PART and OVERRULED IN PART, as follows:

OVERRULED as to the Sixth cause of action for constructive eviction. The Court finds this claim to be sufficiently pled.

SUSTAINED WITH LEAVE TO AMEND as to the Seventh cause of action for intentional infliction of emotional distress. A cause of action for intentional infliction of emotional distress requires (1) extreme and outrageous conduct by the defendant; (2) intention to cause or reckless disregard of the probability of causing emotional distress; (3) severe emotional suffering; and (4) actual and proximate causation of the emotional distress. Heller v. Pillsbury Madison & Sutro (1996) 50 Cal.App.4th 1367, 1388. The First Amended Complaint does not adequately allege extreme and outrageous conduct on the part of Defendants, e.g. conduct “so extreme as to exceed all bounds of that usually tolerated in a civilized community.” Cross v. Bonded Adjustment Bureau (1996) 48 Cal.App.4th 266, 283.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to CRC Rule 3.1308(a)(1), adopted by Local Rule 3.10. If the tentative ruling is uncontested, DEMURRING PARTY is directed to prepare, circulate, and submit a written order reflecting this Court’s ruling verbatim for the Court’s signature, consistent with the requirements of CRC Rule 3.1312. The proposed order is to be submitted directly to Judge Susan L. Greenberg, Department 3.