Judge: Gail Killefer, Case: 24STCV05236, Date: 2024-04-29 Tentative Ruling

Case Number: 24STCV05236    Hearing Date: April 29, 2024    Dept: 37

HEARING DATE:                 Monday, March 29, 2024

CASE NUMBER:                   24STCV05236

CASE NAME:                        Troy Wiltshire v. Adam Charles Walker

MOVING PARTY:                 Defendant Adam Chales Walker

OPPOSING PARTY:             Plaintiff Troy Wiltshire

TRIAL DATE:                        Not Set

PROOF OF SERVICE:           OK

                                                                                                                                                           

PROCEEDING:                      Motion to Strike Punitive Damages

 

OPPOSITION:                        25 September 2023

 

REPLY:                                  None filed.

 

TENTATIVE:                         Defendant’s motion to strike is denied. Defendant is ordered to file an Answer in ten days.  Moving party to give notice.

                                                                                                                                                           

 

Background

 

On March 1, 2024, Troy Wiltshire (“Plaintiff”) filed a Complaint against Adam Charles Walker (“Defendant”) in relation to a motor vehicle accident that occurred on March 10, 2022, allegedly caused by Defendant driving under the influence.

 

The Complaint alleges three causes of action: (1) Motor Vehicle Negligence; (2) Negligence; and (3) Negligence Per Se.

 

Defendant now moves to strike punitive damages from the Complaint. Plaintiff opposes the Motion. The matter is now before the court.

 

REQUEST FOR JUDICIAL NOTICE

 

The Court may take judicial notice of records of any court of record of the United States. (Evid. Code, § 452(d)(2).) However, the court may only judicially notice the existence of the record, not that its contents are the truth. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1565.) 

 

Defendant requests that the Court take judicial notice of the following: 

 

1)     Plaintiff Troy Wiltshire’s Complaint, filed on June 5, 2023, is attached as Exhibit A.

 

Defendant’s request for judicial notice is granted.

 

Discussion

 

I.         Legal Standard 

 

¿Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (CCP § 435(b)(1); CRC, rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (CCP § 436(a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”].)¿¿¿¿ 

 

“Where the defect raised by a motion to strike or by demurrer is reasonably capable of cure, leave to amend is routinely and liberally granted to give the plaintiff a chance to cure the defect in question.” (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1146.) The burden is on the complainant to show the Court that a pleading can be amended successfully. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.)¿¿¿ 

 

II.        Motion to Strike

 

A.        Failure to Meet and Confer

 

Before filing a motion to strike, the moving party is required to meet and confer with the party

who filed the pleading sought to be stricken, in person or telephonically, for the purposes of

determining whether an agreement can be reached through a filing of an amended pleading that

would resolve the objections to be raised in the motion to strike. (CCP § 435.5(a).)

 

Defendant’s motion is void of any declaration reflecting Defendant’s efforts to meet and confer prior to filing this Motion. “Any determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (CCP § 430.41(a)(4).) However, “[i]f upon review of a declaration under 430.41(a)(3), a court learns no meet and confer has taken place, or concludes further conferences between counsel would likely be productive, it retains the discretion to order counsel to meaningfully discuss the pleadings with an eye toward reducing the number of issues or eliminating the need for a demurrer, and to continue the hearing date to facilitate that effort.” (Dumas v. Los Angeles County Bd. of Supervisors (2020) 45 Cal.App.5th 348, 356, fn. 3; see also Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th 953, 967– 968 [courts have inherent authority to regulate proceedings in ways consistent with statutes]; CCP § 430.42, subd. (c) [“Nothing in this section [§ 430.41] prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held.”] [italics added].) 

 

Accordingly, the court may continue the hearing and order the parties to comply with the meet and confer requirement. However, the court exercises its discretion and addresses Defendant’s motion on the merits.
 

            B.        Discussion

 

Defendant moves to strike punitive damages on the basis that Plaintiff fails to allege that to allege facts to show malice or despicable conduct sufficient to support a claim for punitive damages.

 

To state a claim for punitive damages under Civ. Code § 3294, a plaintiff must allege specific facts showing that the defendant has been guilty of malice, oppression or fraud. (Smith v. Superior Court (1992) 10 Cal. App. 4th 1033, 1042.)¿ The basis for punitive damages must be pled with specificity; conclusory allegations devoid of any factual assertions are insufficient. (Ibid.)¿¿“Malice” is defined in Civ. Code, § 3294 (c)(1) as “conduct which is intended by the defendant to cause injury” or “despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” “Oppression” is defined as “despicable conduct subjecting a person to cruel and unjust hardship in conscious disregard of that person’s rights.” (Civ. Code, § 3294(c)(2).) The term “despicable” has been defined in the case law as actions that are “base,” “vile,” or “contemptible.” (Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc. (2000) 78 Cal.App.4th 847, 891.)

 

The Complaint alleges that on March 10, 2022, at or near the I-10 West Freeway, Defendant negligently operated a motor vehicle causing to collide with Plaintiff’s vehicle, causing Plaintiff to sustain damages to his health and property. (Compl. at pp. 4, 5.) The Exemplary Damages Attachment states that Defendant is guilty of malice because Defendant had a history and habit of consuming alcohol and/or taking drugs to such an extent that he became inebriated and had a proclivity to operate a motor vehicle while under the influence. (Compl. at p. 6, ¶ 2.) On the day of the accident, Defendant willfully and knowingly consumed a large quantity of alcohol and/or drugs with the intent to operate a motor vehicle despite knowing the risk. (Compl. at p. 6, ¶¶ 3, 5.) Before the collision, Defendant was driving erratically with a reckless disregard for the rights and safety of others. (Compl. at p. 6, ¶¶  3, 6.) Defendant did not attempt to slow down to avoid a collision with Plaintiff. (Compl. at p. 6, ¶¶  3, 6.)

 

Case law supports imposing punitive damages for instances involving reckless driving. (See, Dawes v. Superior Court (1980) 111 Cal.App.3d 82, 88 [zigzagging between traffic at a high rate of speed while intoxicated]; Peterson v. Superior Court (1982) 31Cal.3d 147, 162 (1982) [driving at a high rate of speed while intoxicated and losing control]; Taylor v. Superior Court (1979) 24 Cal.3d 890, 892.[holding that conduct by one who voluntarily consumes alcohol and continues to do so to the point of intoxication and thereafter operates a motor vehicle is conduct that may constitute an act of “malice” under section 3294 if performed under circumstances which disclose a conscious disregard of the probable dangerous consequences.”].)

 

The court finds that Plaintiff has sufficiently alleged facts to show Defendant acted with malice because he drove under the influence of alcohol and/or drugs. Accordingly, the court denies the motion to strike is denied.

 

Conclusion

 

Defendant’s motion to strike is denied.