JEREMY VOGLER ET AL VS. MERCK & CO., INC. ET AL
Motion to Strike Complaint
Motion type
Causes of action
Parties
Ruling
SF Superior Court - Asbestos Law & Motion - CGC26277403 - June 9, 2026 Hearing date: June 9, 2026 Case number: CGC26277403 Case title: JEREMY VOGLER ET AL VS. MERCK & CO., INC. ET AL Case Number: | | CGC26277403 | Case Title: | | JEREMY VOGLER ET AL VS. MERCK & CO., INC. ET AL | Court Date: | | 2026-06-09 16:00 PM | Calendar Matter: | | MOTION TO STRIKE COMPLAINT | Rulings: | |
On Asbestos Law and Motion Calendar for Tuesday June 9, 2026, in Department 502, Line 4. Defendants CVS Pharmacy, Inc ("CVS"); Longs Drug Stores California, LLC ("Longs"); Safeway Inc, ("Safeway") and Walgreen Co's ("Walgreens") (collectively "Defendants") Motions to Strike the Complaint for Punitive damages are GRANTED WITH LEAVE TO AMEND IN PART AND DENIED IN PART. Oppositions filed. Replies filed.
Based on the discussion above, the Complaint only adequately alleges a fraud-based claim against Defendant CVS sufficient to support the cause of action that could serve as the basis for a punitive damages award. Accordingly, CVS's Motion to Strike portions of Plaintiffs' Complaint for punitive damages is OVERRULED. Accordingly, Longs, Safeway, and Walgreens' Motion to Strike portions of Plaintiffs' Complaint for punitive damages is GRANTED, WITH LEAVE TO AMEND.
*Complete tentative ruling has been electronically served to Counsel
The moving party shall lodge with the clerk in Department 502 by the time set for this hearing a proposed order repeating verbatim the substantive portion of the tentative ruling. Any party wishing to contest the tentative ruling must email contestasbestostr@sftc.org by 4:00 p.m. on the day before the hearing and state their intention to contest. If a hearing is requested, it will be on June 9, 2026, at 4:00 p.m in Department 502. Attorneys may appear in person or remotely via zoom: Meeting ID 161 9575 2444; Passcode: 145616.
The Court no longer provides a court reporter. Parties may retain their own reporter, who may appear in the courtroom or remotely. If a California certified court reporter (CSR) is being retained, include in your email all of the following: Their name, CSR and telephone number, and their individual work email address. There will be only one official record. If the parties cannot agree, the Court will designate a qualified court reporter to provide the official transcript for the matter, and the party or parties will bear the cost. = SKF/502 | |
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