Motion to Strike Portions of Complaint
# Case Name Tentative 1 2316 PCDEV LLC vs. Naikani I SPV, LLC
2025-01533446 Motion to Expunge Lis Pendens Case Management Conference
Both matters continued to 7/23/26. See minute order dated 6/1/26.
2 Arch Insurance Company vs. Star Hardware, Inc.
2024-01437363 Motion to Appear Pro Hac Vice
Vacated. See minute order dated 6/8/26. 3 Bernal vs. Yen- Douangmala
2025-01456958 Motion to Be Relieved as Counsel of Record
Vacated. See minute order dated 6/8/26. 4 Fragoso vs. Action Bag & Cover, Inc.
2025-01516283 Motion to Strike Portions of Complaint
Defendant Action Bag & Cover, Inc.’s motion to strike the punitive damages allegations in plaintiff Silvia Hernandez Fragoso’s Complaint is DENIED. (Code Civ. Proc., §§ 435, 436 [authorizing motion]. The Complaint alleges sufficient specific facts to support punitive damages and employer liability. (Civ. Code, § 3294 [authorizing punitive damages]; Complaint, ¶¶ 14-15 [alleging “management refused to recognize [plaintiff’s injuries and dismissed her need for accommodation, calling her a ‘liar’ and ‘lazy,’” and essentially firing her on the spot for requesting accommodations], 16 [alleging “Supervisor Pat ... frequently made derogatory comments regarding Plaintiff’s race and national origin, stating that Hispanics and Mexicans were lazy and complained too much”]; Lackner v.
North (2006) 135 Cal.App.4th 1188, 1210 [“’despicable’ connotes conduct that is ‘so vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and despised by ordinary decent people;’” citations omitted]; see also McGee v. Tucoemas Federal Credit Union (2007) 153 Cal.App.4th 1351, 1362 [upholding punitive damages award based on employer’s “reprehensible” conduct of “engag[ing] in a pattern of behavior aimed at humiliating” plaintiff].)
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Moving defendant shall file an Answer to the Complaint within 15 days.
Plaintiff shall give notice.