Defendant Matthew Tyler Kozaks? motion to strike punitive damage allegations and prayer from plaintiff?s complaint is denied.
Plaintiff has pled sufficient factual allegations in the 1st amended complaint that defendant was intoxicated, that he knew he was under the influence, that he intentionally drove his vehicle after consuming a large amount of alcohol, and drove his vehicle recklessly, with conscious disregard and advance awareness of the risks to others created by his condition and conduct. Plaintiff has alleged at ? 10 that at approximately 10:03 p.m. that defendant was intentionally operating his vehicle at a dangerously high rate of speed while under the influence of alcohol and over the legal limit. Further alleged is that defendant told the Officer that he consumed a half pint of vodka prior to driving, which caused the collision, because he wanted to meet some friends at The Olde Ship in Santa Ana? a bar. (? 11.) A witness saw defendant willfully and unlawfully run a red light while entering the intersection of the intersection where the accident occurred. (? 12.) The witness told the Officer that defendant ?gunned? his vehicle through the intersection on a red light. The witness had to slam on his brakes to avoid a collision with defendant. Defendant?s vehicle sped past the witness then slammed into plaintiff?s vehicle. (? 13.)? The specific facts alleged support despicable conduct by defendant.
Defendant shall answer the complaint within 10 days of notice of ruling. Plaintiff shall give notice of ruling.