Civil Litigation
Oct. 27, 2022
After 3 defense wins to modify complaint, plaintiffs get a victory
In May, the helmet manufacturers won a motion to remove punitive damages from the first amended complaint, as well as language describing their conduct as “intentional, dangerous and careless.” The Police Athletic Federation also succeeded in having punitive damages as to their involvement stricken for lack of evidence of malicious intent. Later in August, language describing defendants’ intent as malicious was once again stricken from the plaintiff’s second amended complaint, although a demurrer and a motion to strike the entire complaint were both denied.
LOS ANGELES — A Superior Court judge declined to strike punitive damages from a complaint against a police athletic agency in a case involving the death of an officer during a biking competition. The Wednesday ruling follows several successful bids by the defense to modify the complaint over the case’s three-year history.
“At this stage … I have to assume everything is true, and the facts that are alleged — I can’t say as a matter of law th...
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