STODDARD vs TO, et al.

25CV117892: STODDARD vs TO, et al. 08/13/2026 Hearing on Motion to Strike MOTION TO STRIKE PUNITIVE DAMAGES FROM PLAINTIFF WAYNE STODDARD’S FIRST AMENDED COMPLAINT;; filed by Fabrice Maurice Rene Di Meglio (Defendant) CRS# 723790516173 in Department 512

Tentative Ruling - 08/12/2026 Elizabeth Riles

The Motion to Strike (not anti-SLAPP) - without Demurrer filed by Fabrice Maurice Rene Di Meglio on 04/15/2026 is Denied.

Defendant Fabrice Di Meglio (“Defendant”) Motion to Strike the punitive damages allegations of plaintiff Wayne Stoddard’s (“Plaintiff”) First Amended Complaint (“FAC”) is DENIED.

Defendant shall file and serve an Answer to the FAC no later than Monday, 8/31/2026.

The present action is a motor vehicle personal injury action in which Plaintiff alleges that defendants Athan To (“To”) and Fabrice DiMeglio (“DiMeglio”) were racing their vehicles immediately prior to the alleged collision in violation of the speed limit thereby causing the collision with Plaintiff’s vehicle when he made a left turn into a parking lot and defendant To “tboned” Plaintiff’s car causing Plaintiff’s car to then strike Defendant’s car. The FAC alleges that at the time of the accident defendant To and Defendant were “illegally racing,” rapidly accelerating, passing and changing lanes, with To driving at least 69 mph and Defendant driving at least 56 mph, both in excess of the alleged 35 mph speed limit.

The allegations that To and Defendant were illegally racing and each driving more than 20 mph above the alleged posted speed limit is sufficient to state a claim for punitive damages, if proven to a jury at trial, because such alleged conduct is necessarily reckless and in conscious disregard of the safety of others, particularly with respect to the type of motor vehicle personal injury alleged.

Wherefore, Defendant’s Motion to Strike is DENIED.

CONTESTING TENTATIVE RULINGS

PLEASE NOTE: If any party contests the tentative ruling, the hearing on the motion will occur remotely via the court's own video-conferencing system.

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 date.