DEFENDANT TRAVELER?S COMMERCIAL INSURANCE COMPANY MOTION TO STRIKE PUNITIVE DAMAGES
Defendant?s motion to strike is?granted?with leave to amend.? Plaintiff has 10 days in which to amend his complaint.
A claim for punitive damages must be pled with factual specificity.??Brousseau v. Jarrett?(1977) 73 Cal.App.3d 864, 872.? Plaintiff must plead sufficient facts establishing oppression, fraud or malice as defined in CC ? 3294(c).
An insurer’s alleged breach of the implied covenant of good faith, although justifying tort remedies, does not automatically justify an award of punitive damages. A separate showing of ?oppression, fraud or malice? is required.??Silberg v. California Life Ins. Co.?(1974) 11 C3d 452, 462-463.? The mere conclusory characterization of a defendant?s conduct as ?intentional, willful and fraudulent is a patently insufficient statement of ?oppression, fraud, or malice, express or implied, within the meaning of Civil Code section 3294.????Brousseau, 73 Cal.App.3d at 872.
Plaintiff?s First Amended Complaint pleads that Defendant hired Blusky (the contractor), Blusky damaged the countertops and Defendant denied coverage and refused to pay for the replacement of the countertops.??FAC, ?? 11-15.? These allegations are insufficient to support a claim of malice under CC ? 3294(c)(1).
The parties should give consideration to whether this matter should be dealt with in the Limited Jurisdiction court.
Plaintiff to give notice.