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MOTION TO STRIKE Amended COMPLAINT
Set for Law and Motion/Discovery Calendar on Tuesday, April 21, 2026, Line 15. DEFENDANTs IMG WORLDWIDE, LLC, and INTERNATIONAL MERCHANDISING COMPANY, LLC MOTION TO STRIKE Amended COMPLAINT.
Defendants' motion to strike is DENIED. The court liberally construes the first amended complaint per Code of Civil Procedure section 452. Plaintiff pleads sufficient facts showing malice, oppression, or fraud to support the claim for punitive damages. (Civil Code section 3294(a).) "[M]alice does not require actual intent to harm. [Citation.] Conscious disregard for the safety of another may be sufficient where the defendant is aware of the probable dangerous consequences of his or her conduct and he or she willfully fails to avoid such consequences." (Pfeifer v.
John Crane, Inc. (2013) 220 Cal.App.4th 1270, 1299; see also College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 713 ["For plaintiffs attempting to prove malice by showing a 'conscious disregard' of their rights as opposed to an actual intent to harm, the Act imposed additional requirements of 'despicable' and 'willful' defense conduct."].)
The First Amended Complaint has remedied the prior cited defect, and plaintiff now links the moderators to defendant corporations' policymakers. Plaintiff alleges that defendants' managing agents instructed the moderators to focus on speed disembarking the ferry rather than safety and failed to hire sufficient personnel. (First Amended Complaint, pars. 80-83). Discovery will flesh out the details of these allegations, e.g., the identify of the managing agents, their corporate policy making powers, etc.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/REQ) | |