Motion to Strike Punitive Damages
24CV024644: VALDOVINOS, et al. vs GENERAL MOTORS, LLC, et al. 07/15/2026 Hearing on Motion to Strike (Lemon Law) Punitive Damages from Plaintiff's First Amended Complaint in Department 8D
Tentative Ruling
NOTICE:
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the
24CV024644: VALDOVINOS, et al. vs GENERAL MOTORS, LLC, et al. 07/15/2026 Hearing on Motion to Strike (Lemon Law) Punitive Damages from Plaintiff's First Amended Complaint in Department 8D
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TENTATIVE RULING:
The Court rules on Defendant General Motors LLCs (GM or Defendant) motion to strike the request for punitive damages from the First Amended Complaint (FAC) as follows.
Defendant argues, based on its arguments submitted in support of its demurrer, also on todays calendar, that Plaintiff cannot obtain punitive damages under the Song-Beverly Consumer Warranty Act (First through Fourth Causes of Action), and that Plaintiff lacks a viable, fraudbased claim to support the punitive damages request.
Punitive damages are recoverable where the defendant has been guilty of oppression, fraud, or malice, express or implied. (Civ. Code § 3294.) Something more than the mere commission of a tort is always required for punitive damages. There must be circumstances of aggravation or outrage, such as spite or malice, or a fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that his conduct may be called willful or wanton. (Taylor v. Superior Court (1979) 24 Cal.3d 890, 894-895.) Specific intent to injure is not necessary for a showing of malice it is sufficient that the defendants conduct was so wanton or so reckless as to evince malice or conscious disregard of the rights of others. (McConnell v. Quinn (1925) 71 Cal. App. 671, 682.)
A request for punitive damages that is not supported with specific allegations of oppression, fraud, or malice is subject to a motion to strike. Conclusory allegations that a defendant acted willfully, maliciously, or with oppression, fraud, or malice are not, without more, sufficient to give rise to a claim for punitive damages, but such language is permissible where the complaint contains sufficient factual support for the conclusions. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6-7.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV024644: VALDOVINOS, et al. vs GENERAL MOTORS, LLC, et al. 07/15/2026 Hearing on Motion to Strike (Lemon Law) Punitive Damages from Plaintiff's First Amended Complaint in Department 8D
However, since the Court concluded that the fraud claim was sufficiently pled and was not barred as a matter of law by the applicable statute of limitations, the motion to strike punitive damages must be denied for the same reasons the demurrer was overruled. The Court therefore need not consider whether punitive damages are available under the Song-Beverly Act.
This minute order is effective immediately. No further notice or order pursuant to CRC Rule 3.1312 shall be required.