Alacraz
Alacraz v. Marten Transport LTD
Opinion
Trial Court Opinion
I. INTRODUCTION
20 The matter before the Court is Defendant Jerry Wayne Dudley, Jr.’s “Motion to Strike Claim for Punitive Damages Pursuant to F.R.C.P. 12(f),” filed May 17, 2023. (Doc. 8.) On May 31, 2023, Plaintiffs filed their opposition (Doc. 14), and Defendant filed his reply on June 8, 2023 (Doc. 18). No hearing was calendared, and the matter was taken under submission on the papers by the assigned district judge. (See Doc. 16.) On June 15, 2023, the motion was re-assigned to the undersigned for final disposition per the parties’ stipulation. (See Docs. 19 & 20.) Having considered the briefing, and for the reasons set forth below, Defendant’s motion to strike, construed as a motion to dismiss, will be denied. 1 A. Factual Background This case concerns a vehicular collision that Plaintiffs allege caused them injury. Plaintiffs allege that on May 18, 2022, Defendant Jerry Wayne Dudley, Jr. (“Defendant Dudley”) was driving a Freightliner tractor and trailer owned by his employer Defendant Marten Transport, Ltd. (“Defendant Marten”) on southbound SR-99 just north of Jensen Avenue in Fresno,…