Motion to Strike Punitive Damages
25CV156439: PIERCE vs MARGOT 07/02/2026 Hearing on Motion to Strike NOM STRIKE PUNITIVE DAMAGES; filed by Roman Margot (Defendant) CRS# 326649577883 in Department 520
Tentative Ruling - 06/29/2026 Jamilah A. Jefferson
Defendant's Motion to Strike Punitive Damages is GRANTED WITH LEAVE TO AMEND.
In addition to the actual damages, a plaintiff may recover punitive damages where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice. Cal. Civ. Code sec. 3294(a). The Code further defines oppression, fraud, and malice:
(1) 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; (2) Oppression means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that persons rights; and (3) Fraud means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.
Cal. Civ. Code sec. 3294(c).
Although Plaintiff alleges, for example:
Immediately prior to the collision, Defendant traveled at an excessive rate of speed and maneuvered around slower or stopped vehicles, rather than maintaining a lawful position within the flow of traffic (Compl. at para. 11);
Defendant failed to utilize the available straight-through lane, which would have avoided any conflict with Plaintiffs path of travel (Compl. at para. 13);
Defendant chose a collision-course trajectory when a safe path was available (Compl. at para. 14);
Defendant abruptly entered the left-curving trajectory, crossing directly into Plaintiffs lane of travel (Compl. at para. 15);
Defendants maneuver was sudden and unpredictable, leaving Plaintiff no reasonable opportunity to avoid impact (Compl. at para. 16);
This maneuver created an immediate and unavoidable collision course (Compl. at para. 17); 25CV156439: PIERCE vs MARGOT 07/02/2026 Hearing on Motion to Strike NOM STRIKE PUNITIVE DAMAGES; filed by Roman Margot (Defendant) CRS# 326649577883 in Department 520
The collision was entirely preventable had Defendant exercised reasonable care (Compl. at para. 18);
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The collision occurred in a densely traveled commercial area adjacent to retail businesses and pedestrian activity. Defendant knew or should have known that such conduct created a high probability of serious injury to motorists and pedestrians (Compl. at para. 30);
Defendant knew or should have known that operating an off-highway motocross motorcycle on a public roadway without proper registration and equipment was unlawful (Compl. at para. 31); and
Defendants conduct exceeded ordinary negligence and constituted a conscious and deliberate disregard of the safety of others (Compl. at para. 32.).
These allegations do no rise to the level of what is necessary to state malicious, oppressive, or fraudulent conduct. At most, as Defendant concedes, the allegations support negligence or recklessness.
Plaintiff shall file and serve an amended pleading no later than July 23, 2026.
NOTICE: This tentative ruling will automatically become the courts final order on July 2, 2026 unless, by no later than 4:00 P.M. on July 1, 2026, a party to the action notifies BOTH: 1) the court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling.
The subject line (RE:) of the email must state: Request for CONTESTED HEARING: [the case name], [number]. When a party emails to contest a tentative ruling, the party must identify the specific holding(s) within the ruling they wish to contest via oral argument.
The court does not provide court reporters for hearings in civil departments. A party who wants a record of the proceedings must engage a private court reporter. (Local Rule 3.95.) Any privately retained court reporter must also participate via video conference. Their email must be provided to the court at the time the Notice of Contest is emailed.
ALL CONTESTED LAW AND MOTION HEARINGS ARE CONDUCTED VIA REMOTE VIDEO unless an in person appearance is required by the court. Invitations to participate in the
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA
25CV156439: PIERCE vs MARGOT 07/02/2026 Hearing on Motion to Strike NOM STRIKE PUNITIVE DAMAGES; filed by Roman Margot (Defendant) CRS# 326649577883 in Department 520 video proceeding will be sent by the court upon receipt of timely notice of contest. A party may give email notice that they will appear in court in person for the hearing, however all other counsel/parties and the JUDGE MAY APPEAR REMOTELY.