We have observed that California defendants sometimes overlook the possibility of moving to strike punitive damages claims at the pleading stage. In this unpublished opinion, the defendant filed such a motion, the trial court granted it, and the California Court of Appeal (Sixth Appellate District) affirmed. The court did so even though it awarded the plaintiff a new trial on her compensatory damages claim, on the ground that no substantial evidence supported the jury’s defense verdict (you don’t see that one every day).
UPDATE: Here’s another unpublished opinion issued by the Sixth District on the same day, affirming an order granting a motion to strike punitive damages: Foresta v. Board of Directors of Homestead Park. We’ve only seen a few California opinions like this during the three years since this blog was launched, so it’s quite surprising to see the same court issue two on the same day.
