Uptain

The Case

Appellant filed a complaint in superior court alleging that respondents breached an oral agreement to sell office furniture. This complaint contained both a cause of action for breach of contract seeking damages in the amount of $2,000 and a cause of action for “bad faith breach of contract” seeking punitive damages in the amount of $30,000 and attorney’s fees.

Respondents moved for partial judgment on the pleadings alleging there was no statutory or written agreement between the parties allowing for attorney’s fees and that the punitive damages requested in count II were inappropriate as a matter of law.

The trial court granted partial judgment on the pleadings which, in effect, dismissed the second cause of action without leave to amend. Finding that the first cause of action remained intact and that the prayer under that cause of action was within the municipal court’s jurisdiction, the trial court ordered the matter transferred to the municipal court.

Appellant moved for reconsideration, and respondents moved for sanctions. Both motions were denied. Appellant appeals “from the granting of the defendants’ Motion for Partial Judgment on the Pleadings and…