Case Number: BC542718    Hearing Date: September 15, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

LATIFEH SHOKRAI MANAVI,
Plaintiff(s),
vs.

701 S. HILL, LLC, ET AL.,

Defendant(s).

CASE NO: BC542718

[TENTATIVE] ORDER GRANTING MOTION TO STRIKE WITHOUT LEAVE TO AMEND

Dept. 92
1:30 p.m. — #32
September 15, 2014

Defendant, 701 S. Hill Street, LLC’s Motion to Strike is Granted Without Leave to Amend. Defendant is ordered to file an answer to the complaint, with the subject allegations deemed stricken, within ten days.

1. Background Facts
Plaintiff, Latieh Shokrai Manavi filed this action against Defendant, 701 S. Hill, LLC for damages arising out of a slip and fall incident that occurred on Defendant’s stairs.

2. Motion to Strike
Defendant moves to strike Plaintiff’s prayer for punitive damages, her prayer for attorneys’ fees, and related allegations.

As an initial note, the complaint does not contain a prayer for attorneys’ fees. It appears Defendant’s motion to strike in this regard is in error.

The real issue on this motion is whether or not to strike the prayer for punitive damages and related allegations. The prayer for punitive damages is premised on the allegations at ¶4 of page 4 of the complaint, which alleges:
That the defendants knowingly and willfully allowed the above described unsafe improperly designed, constructed and/or maintained stairway or stair steps to be present and remain on their premises, with conscious disregard for the safety of Plaintiff, and with knowledge and willful disregard of the high probability of harm that could result from such negligence

Allegations that the defendant was “aware” of a defective condition on rented premises that could cause injury to the tenants, and “refused” to repair same, are not enough to support a prayer for punitive damages. They do not support the conclusion that the defendant either intended to injure the plaintiffs or acted in reckless disregard for their safety. At the very most, such allegations show negligence. McDonell v. American Trust Co. (1955) 130 CA2d 296, 300.

The motion to strike is therefore granted. Plaintiff did not, in opposition, suggest how she would amend if given leave to do so. It does not appear Plaintiff could amend in a manner that would cure the defects in the prayer for punitive damages. The motion to strike is therefore granted without leave to amend.

Defendant is ordered to file an answer to the complaint, with Box 14(a)92) and page 4, ¶4 deemed stricken within ten days.

Dated this 15th day of September, 2014

Hon. Elia Weinbach
Judge of the Superior Court