Motion to Strike Plf’s Claim for Punitive Damages
25CV027613: SHARMA vs STEINER, et al. 05/26/2026 Hearing on Motion to Strike Plf's Claim for Punitive Damages in Department 16D
Tentative Ruling
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25CV027613: SHARMA vs STEINER, et al. 05/26/2026 Hearing on Motion to Strike Plf's Claim for Punitive Damages in Department 16D
and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING:
*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
Defendant California Joint & Spine, LLCs (CJS) motion to strike the complaints prayer for punitive damages as against defendant CJS is UNOPPOSED and is GRANTED, as follows.
Factual Background
This medical malpractice action was commenced by plaintiff in pro per on 11/13/2025. Defendant CJS now moves to strike the complaints prayer for punitive damages as against defendant CJS on the ground that Code of Civil Procedure §425.13 expressly prohibits a party from including a claim for punitive damages against a health care provider unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed.
The Court finds that plaintiff did not file any opposition or other written objection to the present motion to strike, which is construed as a concession on the merits of this motion. (See, e.g., D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
Legal Standards for Motions to Strike
A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and a court may strike out all or any part of any pleading not drawn or filed in conformity with the law. (Code Civ. Pro. § 436.) A motion to strike challenges portions of a cause of action that are substantively defective on the face of
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV027613: SHARMA vs STEINER, et al. 05/26/2026 Hearing on Motion to Strike Plf's Claim for Punitive Damages in Department 16D
the complaint. (PH II, Inc. v. Superior Court (Ibershof) (1995) 33 Cal.App.4th 1680, 1682-83; see also, Code Civ. Proc. §437.) More specifically, a motion to strike should be granted to remove 'any irrelevant, false, or improper matter inserted in any pleading,' or where the pleadings are drawn in violation of a law, rule or court order. (Code Civ. Proc. §436.) Examples of improper matters include allegations which are 'at variance with the contract.' (California Sugar & White Pine Agency v. Penoyar (1914) 167 Cal. 274, 279.
The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading, (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc. § 436.) A motion to strike is limited to the face of the challenged pleading or any matter of which the Court may take judicial notice. (Code Civ. Proc. §437(a).) However, the use of the motion to strike should be cautious and sparing and should not be considered a procedural line-item veto. (PH II, Inc., supra, 33 Cal.App.4th at 1683.)
Discussion
Because Code of Civil Procedure §425.13s plain language prohibits a complaint from asserting a claim for punitive damages against a health care provider without first obtaining leave of court and because plaintiffs failure to file any opposition or other written objection to the present motion to strike is construed as a concession on the merits of this motion (see, e.g., D.I. Chadbourne, Inc., supra, 60 Cal.2d at 728, n.4), the present motion to strike is granted and the complaints prayer for punitive damages as against defendant CJS is hereby stricken.
Because there is no question that plaintiff did not first obtain leave of court to include a claim for punitive damages, leave to amend is denied. However, such denial is without prejudice to plaintiff bringing a properly supported motion under Code of Civil Procedure §425.13(a) for leave to include such claim for punitive damages.
Moving defendant to provide notice of this ruling and file proof of service of same within five (5) court days.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)