Facts

Plaintiff Sybil Harris filed suit against defendant Jones & Jones Management Group Inc., in connection with personal property she claimed was removed by defendant from her apartment complex.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the locks were broken on her storage units in the carport area of her apartment complex and her personal items were removed from inside. She claimed that defendant removed the items in retaliation for plaintiff complaining about renovations at the apartment complex.

In her first amended complaint, plaintiff asserted causes of action for general negligence and conversion. She also sought punitive damages and damages for "peculiar value" of property under California Civil Code Section 3355.

DEFENDANT'S CONTENTIONS:
Defendant contended in its demurrer that plaintiff's complaint contained deliberately vague and sparse factual allegations that could not support either causes of action. It also filed a motion to strike, seeking to strike plaintiff's claim for punitive damages and her peculiar value claim, which it contended could not be based on an item's sentimental value.

Result

The court sustained the demurrer with 10 days leave to amend. It also struck plaintiff's request for punitive damages and claim for damages based on peculiar value.

Other Information

FILING DATE: Feb. 2, 2015.