March 30, 2010

Vohra v. Cadigan Arbor Park: Trial Court Properly Granted Motion to Strike Punitive Damages

We don't see many California appeals involving motions to strike punitive damages allegations on the ground that a complaint fails to allege clear and convincing evidence of malice, oppression or fraud. There have only been two such opinions since we started this blog over two years ago: one that affirmed a trial court order denying a motion to strike, and one that affirmed a trial court order granting a motion to strike.

Here's number three. In this unpublished opinion, the California Court of Appeal (Fourth Appellate District, Division Three) concludes that a trial court properly granted a motion to strike.