Opinion
No. C 07-02324 SI.
October 22, 2007
ORDER GRANTING DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S PRAYER FOR PUNITIVE DAMAGES
Before the Court is defendants' motion to strike plaintiff's prayer for punitive damages found in plaintiff's second amended complaint. The matter is scheduled for a hearing on November 30, 2007. Pursuant to Civil Local Rule 7-1(b), the Court determines that the matter is appropriate for resolution without oral argument, and VACATES the hearing.
Plaintiff's second amended complaint seeks punitive damages of $100,000 under the California Fair Debt Collection Practices Act. The statute permits only actual damages and punitive damages no greater than $1,000. Cal. Civ. Code § 1788.30. Defendants therefore seek to strike this portion of plaintiff's second amended complaint under Federal Rule of Civil Procedure 12(f); plaintiff has stated that he does not oppose the motion. Having considered the papers submitted, and in light of plaintiff's statement of non-opposition to defendants' motion to strike, the Court hereby GRANTS defendants' motion to strike plaintiff's prayer for punitive damages.