Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.)
Defendant’s Motion to Strike Punitive Damages: Points & Authorities
Procedural Matters
This motion is filed pursuant to the Court’s tentative ruling, which became the final ruling, and in which the Court granted plaintiffs motion to amend for punitive damages, but also granted leave for the defense to file and serve a motion to strike. Thus, the Court apparently granted to motion to file based on the jurisprudence governing filing amended complaints, and is permitting this forum of the motion to strike to address whether the punitive damages allegations should be allowed to stand.
FACTS
This case is based upon a two vehicle accident which occurred on November 18, 2008. Plaintiff Eli White was on a motorcycle and collided with defendant Lee’s vehicle. There is a dispute as to who had the green light. There are no allegations of driving while under the influence; plaintiff simply lists various aspects of an ordinary vehicle accident in the First Amended Complaint and then appends conclusory language that the actions entitle plaintiff to “exemplary and punitive damages.” For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The only facts upon which counsel attempts to bring this ordinary auto negligence case under punitive damages are: (1) defendant was “running a red light,” defendant “traveled in an undesignated lane at a high rate of speed,” and (3) “proceeded into a busy intersection.” Id.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.