MOTION TO STRIKE COMPLAINT
Matter on calendar for Tuesday, June 30, 2026, Line 7, DEFENDANT DOORDASH, INC.'s MOTION TO STRIKE COMPLAINT.
2 - Defendant DoorDash Inc.'s motion to strike the punitive damages allegations from plaintiff Suzanne Schornack's complaint is granted with leave to amend. Punitive damages are available where a defendant "has been guilty of oppression, fraud, or malice." (Civ. Code, sec. 3294, subd. (a).) Punitive damages are not available where the plaintiff merely alleges reckless or grossly negligent conduct. (Krusi v. Bear, Stearns & Co. (1983) 144 Cal.App.3d 664, 679.) Instead, in the absence of fraud, "California law requires conduct done with willful and conscious disregard of the rights or safety of others or despicable conduct done in conscious disregard of a person's rights." (Major v. Western Home Ins. Co. (2009) 169 Cal.App.4th 1197, 1223 [citation simplified].)
By separate order, the court has sustained DoorDash's demurrer to Schornack's intentional infliction of emotional distress cause of action. The conduct alleged in her complaint is not intentional and she does not allege sufficient facts to give rise to any inference of willful and conscious disregard for the rights or safety of others. Her complaint instead alleges facts giving rise to an inference of negligence. The motion to strike is granted. Schornack has leave to amend.
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