Horizon Contract Glazing, Inc. v. Klein

Case: Horizon Contract Glazing, Inc. v. Klein Case No. CV2026-0960 Hearing Date: September 10, 2026 Department Thirteen 9:00 a.m.

Motion to strike:

Defendant Michelle Klein’s request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (d).)

Defendant’s motion to strike portions of plaintiff’s first amended complaint (“FAC”) is GRANTED WITH LEAVE TO AMEND. (Code Civ. Proc., §§ 435, 436.) Where a complaint fails to allege facts sufficient to support a punitive damages claim, the offending allegations and prayer are properly stricken. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63-64.) Oppression, fraud, or malice, each involve “intentional,” “willful,” or “conscious” wrongdoing of a “despicable” or “injur[ious]” nature. (College Hospital Inc. v.

Superior Court (1994) 8 Cal.4th 704, 721.) The FAC does not allege that plaintiff Horizon Contract Glazing, Inc. communicated to defendant that it could not operate without the requested information or defendant was not authorized to use plaintiff’s credit cards. (Opposition, pp. 3-6; See FAC generally.) Additionally, plaintiff does not allege facts showing that defendant misrepresented her “hours worked, compensation owed, or identity...” (Opposition, p. 4; See FAC generally.) Therefore, plaintiff’s FAC fails to allege facts sufficient to support a punitive damages claim. (See Turman, supra, 191 Cal.App.4th at pp. 63-64.)

The notice of motion provides notice of this Court’s tentative ruling system. However, the notice does not contain the required language pursuant to Local Rule 11.2(b) (as amended, eff. Jan. 1, 2023). Counsel for moving party, or the moving party if unrepresented by counsel, is ordered to notify the opposing party or parties immediately of the tentative ruling system.

If no hearing is requested, and no party appears at the hearing, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.

Order to show cause:

Parties are DIRECTED TO APPEAR.

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