Daniels v. Balderas

deposition notice and failure provide any supplemental response to the subject requests.

Plaintiffs to give notice. 102 Daniels vs. Balderas, 25-01515105 Off-calendar. 103 Gonzalez vs. The Tjx Companies Inc, 26-01544831 Defendant Thomasina Renee Gagnon (“Defendant”) demurs to the Complaint of plaintiff Otto Perez Gonzalez (“Plaintiff”).

Defendant argues the claim for punitive damages and supporting allegations must be stricken because the allegations of malice and oppression are insufficient, unsupported by facts, and vague and uncertain.

Plaintiff’s action arises out of a motor vehicle collision. Plaintiff alleges that Defendant was traveling at a high rate of speed while using a cell phone when Defendant’s vehicle crashed into Plaintiff’s vehicle. Plaintiff further alleges that Defendant acted with knowledge that probable serious injury to others would result in conscious disregard for the safety of others.

These allegations are not vague or incomprehensible. Thus, the Demurrer for uncertainty is OVERRULED. (Lickiss v. Fin. Indus. Regulatory Auth. (2012) 208 Cal.App.4th 1125, 1135.)

Defendant’s argument that the allegations are insufficient to support a claim for punitive damages is not a proper ground for a demurrer, as it does not go to whether any of the asserted causes of action state sufficient facts or any of the other grounds that may be raised in a demurrer. (See Code Civ. Proc., § 430.10.) Because Defendant is attacking a remedy rather than an entire cause of action, the argument should be raised in a motion to strike.

Based on the above, the Demurrer is OVERRULED in its entirety.

Defendant to file an answer within 20 days.

The Case Management Conference is continued to October 22, 2026 at 1:30 p.m.

Moving party to give notice. 104 Zavala vs. Becker, 24-01387754 Defendant Karl W. Becker (“Defendant”) moves to compel plaintiff Regina M. Zavala (“Plaintiff”) to serve further responses to Defendant’s Special Interrogatories, Set Two, and imposing monetary sanctions against Plaintiff in the amount of $3,537.50.