TARRYN JOLIE CIMONE COOPER VS. CHANGSENG XU ET AL

Matter on the Law & Motion / Discovery calendar for Thursday, August 21, 2025, Line 5. DEFENDANT CHANGSENG XU's MOTION TO STRIKE 1ST Amended COMPLAINT.

Defendant Changseng Xu's motion to strike punitive damages allegations from plaintiff Tarryn Cooper's First Amended Complaint is denied.

Civil Code, section 3294, subdivision (a), permits a plaintiff in a personal injury action to recover punitive damages "where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice." Subdivision (c) states, "(1) 'Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (2) 'Oppression' means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights."

Cooper pleads that Xu negligently crashed his car into another car that slowed suddenly, rear ending the other car "with great force." (FAC para. 10.) The car that Xu hit spun around and "slam[med] into the driver's side" of Cooper's vehicle. (Id.) Xu knew that Cooper was injured in the accident, but he ran away rather than render aid. (Id. para. 11.)

Accepting these facts as true and giving the operative complaint a liberal construction, the court concludes that Cooper has sufficiently pled that Xu acted with willful and conscious disregard of her safety, and a reasonable jury could conclude the conduct was despicable, meeting the statutory definition of malice. The punitive damages claim is therefore adequately pled.

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