Los Angeles Office Prevails on Motion to Strike Punitive Damages

January 21, 2021

Shareholder George Hernandez, Esq. and Associate Nicholas I. Myers, Esq. successfully prevailed on a motion to strike punitive damages from Plaintiff’s first amended complaint involving a motor vehicle accident.  Our clients were the two named defendants -- driver and the passenger.  We argued that the complaint failed to allege specific facts that the defendants had exhibited “oppression, fraud, or malice” as required by California Civil Code § 3294.  Despite plaintiff’s vehement opposition to our motion to strike, the court granted the motion – without leave to amend – in favor of our clients, and struck the claim for punitive damages, thus eliminating a potentially significant exposure to our clients.

Mr. Hernandez and Mr. Myers are resident in the Firm’s Los Angeles office.  They can be contacted by email at ghernandez@ericksenarbuthnot.com and nmyers@ericksenarbuthnot.com and by phone at (213) 489-4411.