Motion to Strike Portions of Plaintiff’s First Amended Complaint
26CV-01425 Yumeng Chen vs Sungrow USA Corporation, et al.
Motion to Strike Portions of Plaintiff’s First Amended Complaint
Defendant’s motion to strike the prayer for punitive damages in the first amended complaint is GRANTED WITH LEAVE TO AMEND.
Plaintiff does not plead sufficient facts under Civil Code section 3294 to support a prayer for punitive damages. Accordingly, the court strikes Prayer No. 3 (FAC, 22:21, No. 3) from the first amended complaint. As the defect may be cured by alleging additional facts, leave to amend is granted.
Plaintiff may file their amended complaint to allege additional facts to support punitive damages at any time more than six (6) months before trial.
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.
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