Motion to Strike Punitive Damages
Melvin Simoes, et al. v. The Heights at Vista Del Mar Homeowners Association, 25CV-0455
Hearing: Motion to Strike Punitive Damages
Date: June 11, 2026
Glynette and Melvin Simoes filed this action against The Heights at Vista Del Mar Homeowners Association on July 10, 2025.
Defendant filed a motion to strike paragraphs 40 (first cause of action for negligence) and 49 (second cause of action for nuisance) of the complaint, and the related portion of the prayer, which claim punitive damages. On May 29, 2026, the deadline to file an opposition, Plaintiffs filed a first amended complaint (FAC) that alleges new facts and removes the punitive damages claim from the negligence cause of action.
Because the FAC is now the operative complaint, Defendant’s motion to strike portions of the original complaint is denied as moot.
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