LATAYA ROBINSON VS. CHINATOWN COMMUNITY DEVELOPMENT CENTER ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC22597463 - November 13, 2025 Hearing date: November 13, 2025 Case number: CGC22597463 Case title: LATAYA ROBINSON VS. CHINATOWN COMMUNITY DEVELOPMENT CENTER ET AL Case Number: | | CGC22597463 | Case Title: | | LATAYA ROBINSON VS. CHINATOWN COMMUNITY DEVELOPMENT CENTER ET AL | Court Date: | | 2025-11-13 09:00 AM | Calendar Matter: | | MOTION TO STRIKE COMPLAINT | Rulings: | | On the Law and Motion/Discovery calendar for November 13, 2025, line 1. DEFENDANT AMONE CORP.'S MOTION TO STRIKE COMPLAINT.

Amone Corporation's Motion to Strike is denied. A motion to strike punitive damages may be granted when the facts alleged do not rise to the level of "malice, fraud or oppression" required to support a punitive damages award. (Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) The plaintiff must plead "the ultimate facts showing an entitlement to such relief," and "judges read allegations of a pleading subject to a motion strike as a whole, all parts in their context, and assume their truth." (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) "In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damage statute." (Turman, supra, 191 Cal.App.4th, at p. 63.)

The First Amended Complaint alleges that AmOne was the general contractor performing rehabilitation and reconstruction services at the Hamlin Hotel, that AmOne was aware of the elevator's dangerous condition and safety citations, and that it nevertheless refused to repair the elevator, mitigate the danger, or warn occupants (First Amended Complaint, Exemplary Damages Attachment 2-11). It further alleges that AmOne's project manager, Cavon Wong, at a management level, consciously disregarded the safety of persons using the elevator by instructing employees not to use it while leaving it available to residents and the public. First Amended Complaint, Exemplary Damages Attachment 2-11.) When taken as true, these allegations support an inference of conscious disregard for safety sufficient to allege "malice" within the meaning of section 3294, subdivision (c)(1).

Although AmOne disputes whether the conduct of its project manager may constitute corporate ratification, such determination is a factual issue inappropriate for resolution at the pleading stage. The allegations, if proven, could support a finding that AmOne's managing-level personnel engaged in conduct carried out with conscious disregard of the safety of others.

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