MEJIA, et al. vs WYNDHAM DESTINATIONS, INC., et al.

25CV010778: MEJIA, et al. vs WYNDHAM DESTINATIONS, INC., et al. 07/22/2026 Hearing on Motion to Strike Punitive Damages in Department 8D

Tentative Ruling

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Department 8D Oral Argument Request Line at (916) 874-7719 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 8D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16113421868 and the Zoom Meeting ID is 161 1342 1868. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

25CV010778: MEJIA, et al. vs WYNDHAM DESTINATIONS, INC., et al. 07/22/2026 Hearing on Motion to Strike Punitive Damages in Department 8D

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

*** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 25 WILL BE HEARD IN DEPARTMENT 8D OF THE NEW COURTHOUSE. ***

The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06(D). Moving counsel is directed to contact opposing counsel forthwith to advise of Local Rule 1.06, the Court’s tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel shall be available at the hearing, in person or remotely, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B).

TENTATIVE RULING:

Defendants Wyndham Destinations, Inc., Wyndham Worldwide Corporation, Capital City Hospitality, Inc., Travelodge by Wyndham Sacramento Convention Center, and Bipin G. Ahir’s (collectively, “Defendants”) move to strike claims for punitive damages and attorney fees from the prayer for relief in Plaintiffs Rubin Mejia and Luna-Marie Mejia’s (collectively, “Plaintiffs”) complaint.

Given that the Court has overruled Defendant’s demurrer to the Plaintiffs’ Fourth Cause of Action for fraudulent concealment, as discussed in the Court’s contemporaneous ruling on demurrer, the Court has already concluded that Plaintiffs have pled sufficient facts to support a claim for punitive damages predicated on fraud. Since Plaintiffs have pled at least one cognizable basis for punitive damages, Defendants’ motion to strike the claim for punitive damages is DENIED.

Plaintiffs do not oppose Defendants’ motion strike the claim for attorney fees. (See Opp.) A party’s failure to oppose is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4.)

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV010778: MEJIA, et al. vs WYNDHAM DESTINATIONS, INC., et al. 07/22/2026 Hearing on Motion to Strike Punitive Damages in Department 8D

Further, attorney fees are not recoverable in litigation unless based in contract or on relevant statute. (Glynn v. Marquette (1984) 152 Cal.App.3d 277, 280; Code Civ. Proc., §§ 1021, 1033.5, subd. (a)(10).) Plaintiffs have alleged no basis to recover attorney fees. (See Compl.)

Accordingly, Defendants’ motion to strike Plaintiffs’ claim for attorney fees is GRANTED. The Court grants leave to amend as this is the first challenge to the complaint. (City of Stockton v. Super. Ct. (2007) 42 Cal.4th 730, 747.)

Plaintiffs may file and serve an amended complaint no later than August 10, 2026. Although not required by statute or court rule, Plaintiff is directed to present the clerk a copy of this ruling at the time of filing the First Amended Complaint. Defendant may file and serve a response within 30 days of service of the First Amended Complaint, 35 days if served by mail.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)