2016-00202412-CU-PO

Annabelle Isherwood vs. Oakmont of Folsom, LLC

Nature of Proceeding: Motion to Strike Punitive Damages

Filed By: Malone, Bryan L.

Defendants Oakmont of Folsom, LLC et al.’s motion to strike the punitive damages allegations from the First Amended Complaint (“1AC”) is GRANTED with leave to amend, as follows.

Factual Background

This action arises out of plaintiffs’ decedent’s 11-week stay at an assisted living facility from 10/3/2014 through 12/20/2014, ultimately passing away on 1/5/2015. The 1AC purports to assert just two causes of action for Elder Abuse and Wrongful Death.

Analysis

The motion to strike the punitive damages allegations is granted is because the Court has already determined in connection with defendants’ simultaneous demurrer to the 1AC that plaintiffs have failed to adequately plead facts sufficient to establish (1) oppression, malice or fraud and (2) such oppression, malice or fraud was authorized or ratified by any particular defendant’s officer, director or managing agent, both of which are necessary in order to recover punitive damages. It is well established that simply characterizing a defendant’s conduct as being willful, intentional, reckless, malicious, oppressive, etc. is insufficient to plead a valid claim for punitive damages. (See, e.g., Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872.)

Conclusion

Defendants’ motion to strike the punitive damages allegations is granted but leave to amend is granted since this is the first challenge to the complaint on which the Court has had an opportunity to rule. Plaintiffs may file and serve a second amended complaint no later than 2/2/2018. Although not required by court rule or statute, plaintiffs are directed to present a copy of this order when the amended complaint is presented for filing.

Defendants to respond within 30 days if the amended complaint is personally served, 35 days if served by mail. If any defendant demurs to the amended complaint or moves to strike, a copy of the amended complaint shall be included with the moving papers.