MOTION TO STRIKE Amended COMPLAINT
On Asbestos Law and Motion / Discovery Calendar for Tuesday, August 4, 2026, Department 502, Line 2.
2. DEFENDANT WALMART, INC.'S MOTION TO STRIKE 1ST AMENDED COMPLAINT. Defendant Walmart Inc's ("Walmart") Motions to Strike the First Amended Complaint for Punitive damages is GRANTED WITH LEAVE TO AMEND. Opposition filed. Reply filed.
Based on the discussion above, the Court finds the punitive damages allegations against Walmart are entirely conclusory. The FAC does not adequately allege a fraud-based claim against Walmart sufficient to support the cause of action that could serve as the basis for a punitive damages award. Accordingly, Walmart's Motion to Strike portions of Plaintiffs' FAC for punitive damages is GRANTED, WITH TEN (10) DAYS LEAVE TO AMEND.
The moving party shall lodge with the clerk in Department 502 by the time set for this hearing a proposed order repeating verbatim the substantive portion of the tentative ruling. Any party wishing to contest the tentative ruling must email contestasbestostr@sftc.org by 4:00 p.m. on the day before the hearing and state their intention to contest. If a hearing is requested, it will be on August 4, 2026, at 4:00 p.m in Department 502.
Attorneys may appear in person or remotely via zoom: Meeting ID 161 9575 2444; Passcode: 145616.
The Court no longer provides a court reporter. Parties may retain their own reporter, who may appear in the courtroom or remotely. If a California certified court reporter (CSR) is being retained, include in your email all of the following: Their name, CSR and telephone number, and their individual work email address. There will be only one official record. If the parties cannot agree, the Court will designate a qualified court reporter to provide the official transcript for the matter, and the party or parties will bear the cost. =(502/SKF) | |
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