HRVC CONSTRUCTION, INC. VS. ELLEN SOULIS ET AL

Set for Law and Motion/Discovery Calendar on Thursday, February 19, 2026, Line 14. 2 - Defendants Ellen Soulis and Dan Sinton's motion to strike Plaintiff HRVC Construction, Inc.'s prayer for punitive damages from its first amended complaint is GRANTED.

A party may move to strike under Code of Civil Procedure section 436 "any irrelevant, false, or improper matter inserted in any pleading" or "all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." (CCP 452.) Civil Code section 3294, subdivision (a) restricts punitive damage awards to situations where the defendant has been guilty of "oppression, fraud or malice." Malice is defined as ". . . despicable conduct which is carried on by the Defendant with a willful and conscious disregard of the rights and safety of others." (Civ. Code, 3294, subd. (c)(1).)

Here, Plaintiff has not pled facts to support a prayer for punitive damages. Plaintiff does not plead that either defendant acted with oppression, fraud, or malice within the meaning of section 3294. As such, the court strikes the entirety of Paragraph 78 and the entirety of Letter D of Plaintiff's Prayer for Relief in Plaintiff's first amended complaint. The court grants Plaintiff 10 days' leave to plead facts supporting a prayer for punitive damages, 10 days running from notice of this order.

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