Salinas vs. Bazoft Automotive

employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation.”

“In addition to the requirement that the operative complaint set forth the elements as stated in section 3294, it must include specific factual allegations showing that defendant’s conduct was oppressive, fraudulent, or malicious to support a claim for punitive damages. [citation] Punitive damages may not be pleaded generally. [citation].” (Today’s IV, Inc. v. Los Angeles County Metropolitan Transportation Authority (2022) 83 Cal.App.5th 1137, 1193.)

Plaintiff does not specifically allege the identity and conduct of an officer, director or managing agent of Defendant that constitutes malice, fraud, and/or oppression.

As this defect can reasonably be cured through amendment, Plaintiff shall have 30 days to file a First Amended Complaint.

The Case Management Conference is CONTINUED to January 14, 2027, at 9:30 a.m. in Department C12.

Defendant shall provide notice.

8. Morrissey vs. Noujaim

25-01506560

Motion for Preference

WITHDRAWN 9. Salinas vs. Bazoft Automotive

23-01352644

1. Motion to be Relieved as Counsel of Record 2. Motion to be Relieved as Counsel of Record 3. Motion to be Relieved as Counsel of Record

The motions by Anthony Chavos, Laurie Rau, Chavos & Rau APLC, to withdraw as counsel for defendants Bazoft Automotive d/b/a South Coast Mitsubishi, Nissan Extended Service Corporation, Inc., and Sentry Select Insurance Company, are CONTINUED to September 18, 2026, at 9:30 a.m. in Department C12.

Moving parties were required to serve the motions at least 16 court days prior to the hearing, with an additional five calendar days for regular mail service. (Code Civ. Proc., § 1005, subd. (b).) E-service

requires an additional two court days. (Code Civ. Proc., § 1010.6, subd. (a)(3)(B).)

Moving parties served the motions by e-service and regular mail on 6- 15-26, which is 16 court days, but only one additional calendar/court day, and thus untimely.

Further, proof of e-service is defective, as the sender’s email address is missing. (Code Civ. Proc., § 1013b, subd. (b)(1).)

There is no response by any party waiving the foregoing service defects. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 698 [response on merits can waive service defect].) Accordingly, the hearing is continued to correct the insufficient service.

Moving parties shall give notice of the continuance to all parties, file proof of service of same by August 7, 2026.

The Mandatory Settlement Conference is VACATED but will be rescheduled by this Court upon a renewed request.

The Jury Trial is CONTINUED to March 26, 2027, at 9:30 a.m. in Department C12.

THIS RULING IS FINAL.

Moving Defense Counsel to give notice of this ruling.