JAMES MCCARTY ET AL VS. CLAUDIO MARTONFFY ET AL

Matter on the LAW AND MOTION / DISCOVERY Calendar for Thursday, Jun-25-2026. LINE 8. 1-DEFENDANTS CLAUDIO MARTONFFY AN INDIVIDUAL, and CLAUDIO MARTONFFY DESIGN, INC'S MOTION TO STRIKE COMPLAINT.

Defendants Claudio Martonffy and Claudio Martonffy Design, Inc.'s (collectively Martonffy) motion to strike punitive damages allegations from the complaint is denied. Punitive damages are available upon proof by clear and convincing evidence of malice, oppression, or fraud. Fraud means "an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury." (Civ. Code, Sec. 3294, subd. (c)(3).) Plaintiffs have alleged intentional misrepresentation, i.e. fraud, by Martonffy in their fifth cause of action. This pleading is sufficient to sustain a prayer for punitive damages.

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