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 firstname.lastname@example.org and email@example.com and by phone at (213) 489-4411.