Je Beaute, Inc. vs. Guo

Plaintiff did not allege sufficient facts to support Plaintiff’s request for punitive damages. Plaintiff did not allege sufficient facts to state Plaintiff’s sixth cause of action for fraudulent inducement concealment. Plaintiff did not allege sufficient facts to seek punitive damages against a corporation. Plaintiff may not seek punitive damages for a Song Beverly Act violation. The Song-Beverly Act provides for civil remedies and does not provide for punitive damages. (Civ. Code, § 1794.) California courts have explained that civil penalties “have been likened, by courts, to punitive damages.” (Suman v.

Superior Court (1995) 39 Cal.App.4th 1309, 1317, citing Kwan v. Mercedes-Benz of North America, Inc. (1994) 23 Cal.App.4th 174, 184.) A plaintiff may not recover both civil penalties and punitive damages “based upon substantially the same conduct.” (Troensegaard v. Silvercrest Industries, Inc. (1985) 175 Cal.App.3d 218, 226.)

Accordingly, Manufacturer’s motion to strike is granted with 15 days leave to amend.

15. 2025-1517586 The motion by Michael Israel of Adamantium Legal APC, to be Je Beaute, Inc. relieved as counsel of record for Jingyi Guo, is granted. vs. Guo Upon the signing of the order, counsel shall serve the signed order on the client and all parties that have appeared. Michael Israel of Adamantium Legal APC will be relieved as counsel of record for Jingyi Guo, effective upon the filing of the proof of service of the signed order upon the client and all parties.

The Court declines Guo’s request for the Court to issue an order directing counsel to turn over her client file, because such an order is not necessary. An attorney has a duty to promptly release a client’s file upon termination of employment, at the client’s request. (Cal. R. Prof. Conduct Rule 1.16.) Failure to do so may be cause for discipline from the State Bar. (Cal. Prac. Guide Prof. Resp. & Liability at ¶ 10:333.)

Adamantium Legal APC is ordered to give notice of the ruling.