Motion to Strike
34-2023-00336865-CU-BC-GDS: Mitchell Gobert vs. General Motors, LLC 03/28/2024 Hearing on Motion to Strike in Department 53
Tentative Ruling
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34-2023-00336865-CU-BC-GDS: Mitchell Gobert vs. General Motors, LLC 03/28/2024 Hearing on Motion to Strike in Department 53
will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING:
Defendant General Motors LLCs motion to strike punitive damages in Plaintiff Mitchell Goberts First Amended Complaint (FAC) is denied.
Yet again, and despite being notified countless times across multiple cases by this Court, the notice of motion filed by Defendants counsel does not provide notice of the Courts tentative ruling system as required by Local Rule 1.06(D). The Court notes that Defendants counsels repeated failures suggest that Defendants counsel is simply ignoring and failing to comply with the Courts rulings. The Court advises Defendants counsel that its repeated failures may lead to the future imposition of sanctions and/or denial of motions. As with prior rulings on Defendants demurrers/motions, Defendants counsel is ordered to notify Plaintiffs counsel immediately of the tentative ruling system and to be available at the hearing, in person, via Zoom or by telephone, in the event Plaintiffs counsel appears without following the procedures set forth in Local Rule 1.06(B).
Defendant moves to strike punitive damages.
Defendant argues that punitive damages are not available under the Song-Beverly Act. Defendant also argues that the fraud cause of action cannot support punitive damages because the fraud claim is insufficiently pled as argued in its demurrer. However, since the Court has concluded that the fraud claim was sufficiently pled, the motion to strike punitive damages must be denied for the same reasons the demurrer was overruled. (See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191.) Fraud is a cause of action which provides a basis for punitive damages. Civil Code § 3294. The Court need not address whether punitive damages are available under the Song-Beverly Act.
The motion to strike is denied.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.