PETER MONJARAZ, et al. vs REGAL PARK HOMEOWNERS ASSOCIATION, et al.

2024CUBC032992: PETER MONJARAZ, et al. vs REGAL PARK HOMEOWNERS ASSOCIATION, et al. 05/22/2026 in Department 42 Motion to Strike Portions of Plaintiffs' First Amended Complaint

Motion: Defendant Regal Park Homeowners Association’s Motion to Strike Portions of First Amended Complaint (opposed) Tentative Ruling: The Court intends to GRANT Regal Park Homeowners Association’s Motion to Strike Portions of First Amended Complaint, with leave to amend. The punitive damages claims are not adequately supported by the allegations in the FAC. The HOA has not waived its right to move to strike because it has not previously brought a motion to strike that has been granted with leave. (Code Civ.

Proc., § 435.5(b) [prohibiting a subsequent motion to strike that raises issues that could have been – but were not – raised by an earlier motion to strike that has been granted].) Plaintiffs may properly request punitive damages against a defendant where there is a well-pled fraud cause of action in the complaint. The FAC pleads multiple causes of action for fraud against the HOA, and the HOA has not demurred to those causes of action. However, the fraud allegations are inadequate to state a fraud-based claim against the HOA, as they lack the specificity and information specific to the HOA required to put the HOA on notice.

Therefore, the general rule that a cause of action for fraud will support a claim for punitive damages does not apply here. The fraud claims are not adequately pled. Leave to amend is granted. So that any amended pleading addresses all grounds for challenge, the Court continues this matter to June 10, 2026 at 8:20 for purposes of setting a deadline for any amended complaint to be filed and served.

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