THOMAS HENRY VS. JAMES M. NADEAU ET AL

Matter on Calendar for Monday, August 11, 2025, Line 7, 2. DEFENDANTS AIRBNB, INC., AIRBNB PAYMENTS, INC.'S MOTION TO STRIKE 2ND AMENDED COMPLAINT.

Defendants' (Airbnb, Inc. and Airbnb Payments, Inc.) motion to strike the Second Amended Complaint ("SAC") is denied. "To support an award of punitive damages on the basis of conscious disregard of the safety of others, a plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he willfully and deliberately failed to avoid those consequences." (Penner v. Falk (1984) 153 Cal.App.3d 858, 867 [simplified].)

The court disagrees with plaintiff Thomas Henry's contention that constructive knowledge of a joint venturer or principal necessarily suffices for punitive damages. But the SAC alleges that Airbnb had actual knowledge of the hazardous condition in the Nadeaus' property. (SAC para. 21 ["Defendants, each of them, knew the dangerous conditions have a a probability or likelihood to produce serious injury or death . . . ."].) The court is required to accept the facts pled in the SAC for purposes of this motion.

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