GRAJEDA, AN INDIVIDUAL, vs PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION

26CV178489: GRAJEDA, AN INDIVIDUAL, vs PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION 07/23/2026 Hearing on Motion to Strike Punitive Damages; filed by PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation (Defendant) CRS# 596021083145 in Department 518

Tentative Ruling - 07/21/2026 Mark Fickes

The Motion to Strike (not initial pleading) DEFENDANT PACIFIC GAS AND ELECTRIC COMPANYS NOTICE OF MOTION AND MOTION TO STRIKE PUNITIVE DAMAGES filed by PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation on 06/12/2026 is Granted.

Background

On March 25, 2026, Plaintiff Gilberto Grajeda filed a complaint against Defendant Pacific Gas and Electric Company (“PG & E”) alleging three causes of action related to his employment and employment termination including: (1) Retaliation in Violation of Labor Code § 1102.5), (2) Wrongful Discharge in Violation of Public Policy, and (3) Retaliation in Violation of Labor Code § 6310.

On June 12, 2026, Defendant PG & E moved to strike punitive damages requests in the complaint. Plaintiff opposes.

Legal Standard

The court may strike any “irrelevant, false, or improper matter inserted in any pleading,” or may strike out all or any part of a pleading “not drawn or filed in conformity with the laws of this state, a rule of court, or an order of the court.” (Code Civ. Proc., § 436.) A claim for punitive damages requires “factual assertions supporting a conclusion [a defendant] acted with oppression, fraud, or malice.” (Smith v. Superior Court (1992) 10 Cal. App. 4th 1033, 1042.)

Discussion

In ruling on a motion to strike punitive damages, “judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) To state a prima facie claim for punitive damages, a plaintiff must allege the elements set forth in the punitive damages statute, including that the defendant has been guilty of oppression, fraud or malice. (Civil Code § 3294.) “The mere allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages.

Not only must there be circumstances of oppression, fraud or malice, but facts must be alleged in the pleading to support such a claim.” (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166 [internal citations and footnotes omitted].) 26CV178489: GRAJEDA, AN INDIVIDUAL, vs PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION 07/23/2026 Hearing on Motion to Strike Punitive Damages; filed by PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation (Defendant) CRS# 596021083145 in Department 518 “[T]he punitive damages statute requires proof of malice among corporate leaders: the officers, directors, or managing agents.” (Cruz v.

HomeBase (2000) 83 Cal.App.4th 160, 167 [internal quotations and citation omitted].

Plaintiff alleges that his refusal to falsify records of gas leaks submitted to state regulatory agencies resulted in adverse employment actions. (Complaint ¶ 23, 26, 28, 65.) Plaintiff was removed from certain job duties, isolated, bullied and reported the bullying he experienced by co-workers. (Complaint ¶¶ 29 – 35.)

Plaintiff fails to mention any employee of PG&E by name. He generally mentions that Defendant made him come in later than his co-workers so that he would miss important tailboard meetings, that Defendnat subjected him to fitness of duty evaluations, that the GPOM department (Gas Pipeline Operations and Maintenance) accused Plaintiff of stalking, sitting in his car, and using the wrong equipment, that a “superintendent” required him to report to a corporate office, and that “coworkers,” who presumably do not qualify as agents, intimidated him for making them look bad,. (Complaint ¶¶ 88.)

Plaintiff’s allegations refer to Defendant generally but fail to state facts that identify a managing agent, officer, or director acting with the requisite malice, oppression, or fraud.

Accordingly, the motion to strike punitive damages allegations is GRANTED with leave to amend. Plaintiff may amend the complaint to assert specific facts showing which managing agent, officer, or director engaged in or ratified explicitly malicious, oppressive, or fraudulent conduct.

Plaintiff will have until August 28, 2026, to file an amended complaint.

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PLEASE NOTE: Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing.

To contest a tentative ruling, a party should do the following:

First, the party must notify Department 518, by email at Dept518@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.

Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV178489: GRAJEDA, AN INDIVIDUAL, vs PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION 07/23/2026 Hearing on Motion to Strike Punitive Damages; filed by PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation (Defendant) CRS# 596021083145 in Department 518 number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party's name and a brief statement of the party's reason for contesting the tentative, and click "Proceed."

Please note the Court does not permit remote appearances for motions for summary judgment that are contested. If you contest a Motion for Summary Judgment, you must appear in person.

For all other motions (unless otherwise noted in the tentative ruling), Parties may appear via videoconference, using the Zoom.com website or application. TO CONNECT TO ZOOM: Department 518 is inviting you to a scheduled ZoomGov meeting.

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