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Du vs The City of San Diego

Motion to Strike

10 Cited authorities

  1. Grimshaw v. Ford Motor Co.

    119 Cal.App.3d 757 (Cal. Ct. App. 1981)   Cited 250 times   1 Legal Analyses
    Upholding a jury award of punitive damages against Ford for its manufacture of the Pinto, and holding that "punitive damages are recoverable in a nondeliberate or unintentional tort where the defendant's conduct constitutes a conscious disregard of the probability of injury to others"

  2. Taylor v. Superior Court

    24 Cal.3d 890 (Cal. 1979)   Cited 241 times
    In Taylor, the California Supreme Court examined whether the act of driving while intoxicated constituted malice for the purposes of a CC § 3294 punitive damages award.

  3. G.D. Searle Co. v. Superior Court

    49 Cal.App.3d 22 (Cal. Ct. App. 1975)   Cited 132 times
    In G.D. Searle Co. v. Superior Court (1975) 49 Cal.App.3d 22 [ 122 Cal.Rptr. 218], the Court of Appeal issued a peremptory writ directing the superior court to sustain a demurrer in part because of the conclusory allegations relating to punitive damages.

  4. Turman v. Turning Point of Central California, Inc.

    191 Cal.App.4th 53 (Cal. Ct. App. 2010)   Cited 43 times   1 Legal Analyses
    Requiring facts pled in the complaint to "rise to the level of malice, oppression or fraud necessary under Civil Code section 3294 to state a claim for punitive damages"

  5. Schonfeldt v. State of California

    61 Cal.App.4th 1462 (Cal. Ct. App. 1998)   Cited 44 times
    In Schonfeldt, a teenager climbed a “freeway fence” and ran across a freeway, where he was struck by a truck and severely injured.

  6. Grieves v. Superior Court

    157 Cal.App.3d 159 (Cal. Ct. App. 1984)   Cited 43 times
    Directing trial court to grant motion to strike punitive damages where plaintiff alleged only negligence and no intentional conduct

  7. Brousseau v. Jarrett

    73 Cal.App.3d 864 (Cal. Ct. App. 1977)   Cited 38 times
    Holding that the "conclusory characterization of defendant's conduct as intentional, willful and fraudulent" was "patently insufficient" to support the recovery of punitive damages

  8. Penner v. Falk

    153 Cal.App.3d 858 (Cal. Ct. App. 1984)   Cited 9 times
    In Penner v. Falk (1984) 153 Cal.App.3d 858, 866, cited by Ferguson as a leading case in this area, a court upheld a negligence action against a landlord where two intruders robbed a tenant in a common hallway.

  9. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,480 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  10. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,821 times   10 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"