GWEN TON ET AL VS. WESTCO ROOFING COMPANY, INC., A CALIFORNIA ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24614050 - June 17, 2025 Hearing date: June 17, 2025 Case number: CGC24614050 Case title: GWEN TON ET AL VS. WESTCO ROOFING COMPANY, INC., A CALIFORNIA ET AL Case Number: | | CGC24614050 | Case Title: | | GWEN TON ET AL VS. WESTCO ROOFING COMPANY, INC., A CALIFORNIA ET AL | Court Date: | | 2025-06-17 09:30 AM | Calendar Matter: | | MOTION TO STRIKE Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for June 17, 2025, line 2.

Defendants' Motion to Strike Amended Complaint is DENIED. The allegation that the "fire was ... determined to have been caused by ROOFING Defendants" is not false or misleading because it does not necessarily imply a judicial determination of causation. The punitive damages allegations and prayers should not be stricken because there are sufficient facts that Defendants acted with intent, malice, recklessness, and/or fraudulent intent given the allegations of prior fires that Defendants caused with blow torch methods, the dangers of using blow torch methods, and prior fraud by Defendants. Additionally, claims that the use of a blow torch is lawful is irrelevant on a motion to strike. Finally, allegations about Mr. Lee's past criminal conduct are relevant and not impermissible character evidence because the allegations support a theory of negligent hiring and punitive damages. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tent ative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |