Case Number: 17STLC02035 Hearing Date: January 17, 2018 Dept: 77

Defendants Sanraj Corporation, Sanjay Patel, and Aditya Choksi’s Motion to Strike the Request for Punitive Damages from Plaintiff Michelle Smalling’s First Amended Complaint is granted with 20 days leave to amend.

Discussion

Plaintiff Michelle Smalling (“Plaintiff”) filed the instant action for premises liability against Defendants Choice Hotels International, Inc., Sanraj Corporation, Sanjay Patel, and Aditya Choksi (“Defendants”) based on a bed bug incident. The First Amended Complaint was filed on October 26, 2017 and includes a request for punitive damages. (FAC, ¶14(a)(2).) Sanraj Corporation, Sanjay Patel, and Aditya Choksi (“Moving Defendants”) move to strike the request for punitive damages on the grounds that it is not supported by any alleged facts demonstrating that their conduct was intentional, malicious, oppressive or fraudulent.

Civil Code section 3294 authorizes punitive damages in non-contract cases “where the defendant has been guilty of oppression, fraud, or malice, express or implied . . . .” (Civil Code § 3294(a).) Malice means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (Civil Code § 3294(c)(1).) Oppression means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights. (Civil Code § 3294(c)(2).) Finally, fraud means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the party of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury. (Civil Code § 3294(c)(3).)

The First Amended Complaint makes no allegations that demonstrate Moving Defendants’ conduct amount to malice, oppression or fraud. The only cause of action alleged is for premises liability, which is a form of negligence. (See Castellon v. US Bancorp (2013) 220 Cal.App.4th 994, 998.) A claim for negligence alone, therefore, cannot support a request for punitive damages. This is especially true where no facts are alleged to explain what exactly Moving Defendants did, for failed to do, that resulted in Plaintiff’s injuries and/or damages. Based on the foregoing, the motion to strike the request for punitive damages from the First Amended Complaint is granted with leave to amend.

Moving party to give notice.