Jameson Moore et al vs Target Corporation et al

Case Number

22CV01230

Case Type

Hearing Date / Time

Fri, 12/20/2024 - 10:00

Nature of Proceedings

Motion to Strike

Tentative Ruling

For all reasons set forth herein, the motion of defendant Kone Inc., to strike plaintiffs’ punitive damages claim is granted, without leave to amend, as to Kone Inc. only.

Kone Inc. shall file and serve its answer to plaintiffs’ third amended complaint, as modified, no later than January 10, 2025.

Background and Analysis:

Plaintiffs Derek Moore, M.D. (Derek), Jameson Moore (Jameson), by and through his guardian ad litem Katy Kelly, M.D., and Jackson Moore, a minor by and through his guardian ad litem Derek (collectively, plaintiffs), filed their original complaint for damages on April 1, 2022, against Target Corporation (Target) and Mitsubishi Electric, US, Inc. (Mitsubishi). (Note: To avoid confusion due to common familial last names, the court will refer to plaintiffs individually by their first names. No disrespect is intended.) Notwithstanding the causes of action identified in its caption, the complaint alleges four causes of action: (1) negligence; (2) strict products liability-design defect; (3) strict products liability-failure to warn; and (4) fraudulent concealment.

On August 3, 2022, plaintiffs filed a first amended complaint (FAC) against Target and Mitsubishi alleging four causes of action for: (1) negligence; (2) strict products liability-design defect (against Mitsubishi only); (3) strict products liability-failure to warn (against Mitsubishi only); and (4) fraudulent concealment.

On September 12, 2022, Target and Mitsubishi each filed their respective answers to the FAC, generally denying its allegations and asserting affirmative defenses.

On May 16, 2023, plaintiffs filed a notice of related case identifying case number 22CV01182 entitled India Kenan, et al. vs. Target Corporation (the Kenan action) as related to the present action.

On June 15, 2023, plaintiffs filed an amendment to the FAC substituting Kone Inc. (Kone) for fictitiously named defendant Doe 6, where it appears on the FAC.

On July 19, 2023, the court entered an order in the Kenan action, ordering that action related to the present action.

On October 2, 2023, Kone filed a demurrer to the cause of action for fraudulent concealment alleged in the FAC on the grounds that the FAC failed to allege facts sufficient to constitute a cause of action and was uncertain. Also on October 2, 2023, Kone filed a motion to strike plaintiffs’ claim for punitive damages, and all references to punitive damages, alleged in the FAC on the grounds that the FAC failed to plead conduct sufficient to support a claim for punitive damages.

On January 12, 2024, the court sustained Kone’s demurrer, with leave to amend, and granted Kone’s motion to strike, with leave to amend.

On February 9, 2024, plaintiffs filed their second amended complaint (SAC) for: (1) General Negligence; (2) Strict Products Liability - Design Defect; (3) Strict Products Liability - Failure to Warn; and (4) Breach of Implied Warranty of Merchantability. The allegations of the SAC were substantially the same as the allegations of the FAC.

Following the sustaining of additional pleading challenges, plaintiffs filed the operative third amended complaint (TAC) also containing causes of action for: (1) General Negligence; (2) Strict Products Liability - Design Defect; (3) Strict Products Liability - Failure to Warn; and (4) Breach of Implied Warranty of Merchantability.

As alleged in plaintiffs’ TAC:

On November 10, 2021, plaintiffs were customers at a Target store located at 3891 State Street in Santa Barbara, California. Derek is the father of Jameson and Jackson who are natural brothers. While plaintiffs were descending an escalator at the Target store, Jameson lost part of his right little finger when an amputation occurred. Derek and Jackson witnessed the amputation.

Target retained Mitsubishi to maintain the escalator. Both Target and Mitsubishi were responsible for the safe operation, maintenance, and repair of the escalator.

An identical incident occurred at the same Target store on June 21, 2021, when four-year-old India Kenan, who is not a party to this action, was descending the same escalator with her father, Benjamin Kenan, when the small finger of India Kenan’s right hand was amputated. Target and Mitsubishi received notice and knowledge of the defective nature of the escalator after India Kenan suffered injury as described above on June 21, 2021.

There was an opening in the skirt or apron of the escalator large enough for human fingers and other body parts to get caught and amputated. Target and Mitsubishi had actual notice that the escalator was defective and exposed customers and their children to amputations and other injuries. Target and Mitsubishi failed to shut down, repair, modify, or fix the escalator before other customers could use it. Target and Mitsubishi also concealed the defective condition of the escalator from plaintiffs and the general public and did not warn the public or Target customers that the escalator was dangerous.

On March 22, 2024, the court ordered the Kenan action consolidated with this matter for discovery purposes.

On September 20, 2024, Kone filed the present motion to strike plaintiffs’ punitive damages claims, against it, in the TAC.

Plaintiffs have filed a notice of non-opposition. During the meet and confer process, plaintiffs essentially acknowledged that they had no viable claims for punitive damages against Kone. In an effort to avoid additional paperwork, plaintiffs suggested that Kone file the present motion to strike and that they would not oppose the motion. (Dalzell Decl., ¶¶ 6, 7 & Exhs. 2, 3.)

As the parties agree that the punitive damages allegations, as to Kone, should be stricken from the TAC, the motion will be granted. Kone will be ordered to file its answer to the TAC as modified.