Vargas Flaherty v. Kerston

Defendants also argue that a breach of contract or bailment cause of action does not support a punitive damages request absent an independent tort. Here, subsequent to the above ruling on the Defendants’ demurrer, the remaining causes of action in the FAC are for negligence, breach of contract, and breach of bailment contract. None of these support an award of punitive damages. IV.

Conclusion

Defendants’ demurrer to the fifth cause of action for Intentional Infliction of Emotional Distress, Sixth Cause of Action for Misrepresentation, Seventh Cause of Action for Concealment, Eighth Cause of Action for Violation of CLRA, Ninth Cause of Action for Violation of Bus. & Prof. Code section 17500 et seq., and Tenth Cause of Action for Violation of Bus. & Prof. Code section 17200 et seq., is sustained with leave to amend. The demurrer to the fourth cause of action for Breach of Contract and for nonjoinder of a necessary party is overruled.

Conditioned upon Defendants paying an additional filing fee of $60, Defendants’ motion to strike punitive damages is GRANTED with leave to amend. Defendants’ motion to strike is otherwise DENIED. Defendants’ counsel is directed to submit a written order to this court consistent with this ruling and in compliance with Cal. Rules of Court, Rule 3.1312.

5. 25CV08885, Vargas Flaherty v. Kerston

Plaintiffs Casilda Vargas Flaherty and Christopher Flaherty (“Plaintiffs”) move for an order advancing and specially setting the hearing on Plaintiffs’ Motion to Sever the defaulted Defendants pursuant to Code of Civil Procedure section 579, which is presently set for October 14, 2026. The motion sought to have the hearing continued to the now-past date of August 12, 2026, to be heard concurrently with Defendant’s motion to expunge the lis pendens. The motion is made on the grounds that the only substantial asset from which any judgment in this action can be satisfied, i.e., the real property owned by defaulted defendant CBK, LLC, is actively listed for sale by defendant Peter Kerston such that if defendant Kerston’s motion to expunge the lis pendens is granted, a subsequent sale of the real property would defeat Plaintiffs’ ability to recover against the defendants in this action.

Plaintiffs argue the defendant Kerston has a documented history of not satisfying outstanding judgments unless a lien is placed on his property, as presented in Plaintiffs’ application for leave to record the lis pendens granted by this court on April 15, 2026. Even if Plaintiffs had shown good cause to advance the hearing, this court does not have any available hearing dates before the motion is set to be heard on October 14, 2026. Accordingly, the motion is DENIED. This court’s minute order shall constitute the order of the court.

6. 26CV00824, Bohanan v. LWP Claims Solutions, Inc.

Defendant LWP Claims Solutions Inc. (“Defendant”) demurs to the first through seventh causes of action in the complaint filed by Plaintiff Lucas Bohanan (“Plaintiff”) on the grounds that each fails to state facts sufficient to constitute a cause of action. I. Complaint Plaintiff alleges on February 26, 2023, he suffered an injury during work as a Firefighter Engineer and paramedic for the Santa Rosa Fire Department. He states that while he was assisting with lifting 11