Motion to Strike
showed Plaintiff pornographic images and videos on his cell phone, and sent photographs of himself at a strip club to Plaintiff’s personal cell phone. (Compl. ¶ 28.)
These allegations sufficiently allege conduct that subjected Plaintiff to subjects to cruel and unjust hardship in conscious disregard of his rights.
Defendant further contends Plaintiff does not identify the officer, director, or managing agent of the corporation who had advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice.
As set forth above, Plaintiff alleges Lujan and Hazel were management-level employees with Defendants. (Compl. ¶¶ 27, 28.)
“[T]o demonstrate that an employee is a true managing agent under [Civil Code] section 3294, subdivision (b), a plaintiff seeking punitive damages would have to show that the employee exercised substantial discretionary authority over significant aspects of a corporation’s business.” [Citation.] “The scope of a corporate employee’s discretion and authority under our [managing agent] test is therefore a question of fact for decision on a case-by-case basis.” (Davis v. Kiewit Pacific Co. (2013) 220 Cal.App.4th 358, 366 [emphasis in original].)
Plaintiff’s allegations are sufficient at the pleading stage. Whether Lujan and Hazel are actually managing agents for purposes of punitive damages involves a factual determination that is inappropriate for purposes of a motion to strike.
Accordingly, the Court DENIES Defendant BEC Electric, Inc. dba Service Lion’s Motion to Strike Portions of Plaintiff’s Complaint.
7. DOE VS. IHERB, LLC 2025-01505285
MOTION TO STRIKE
Defendants iHerb and Trent Kruse’s Motion to Strike Plaintiff’s Jane Doe Designation is CONTINUED to July 7, 2026, to be heard concurrently with Plaintiff’s Motion to Proceed Pseudonymously and for Entry of a Protective Order. The Court finds it would be most efficient to address the issues raised in these motions together.
8. ZANDI VS. CALVARY CHAPEL OF COSTA MESA 2024-01405013 1. MOTION TO COMPEL DEPOSITION (ORAL OR WRITTEN)
Plaintiff Felicia Zandi’s Motion to Allow Additional Time for Defendant Jacob Harman’s Deposition, joined by Defendants Calvary Chapel of Costa Mesa and Brian Brodersen, is GRANTED. Harman is ORDERED to sit for a second session of his deposition beyond the seven hours authorized without a court order in Code of
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