Strojnik

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 PETER STROJNIK, Case No. 19-cv-01446-BAS-AHG 11 Plaintiff, ORDER: 12 v. (1) DENYING DEFENDANT’S MOTION TO STRIKE PUNITIVE

BRAEMAR PARTNERSHIP DBA

DAMAGES;

CATAMARAN RESORT HOTEL

AND SPA,

AND

15 Defendant. (2) GRANTING DEFENDANT’S MOTION TO DISMISS COUNT

FOUR

17 [ECF No. 27] 18 Defendant previously filed a Motion to Strike damages and to Dismiss the negligence cause of action in Plaintiff’s First Amended Complaint (“FAC”). (ECF No. 8.) In an oral ruling, the Court denied the motion to strike damages, granted the motion to dismiss the negligence cause of action, but allowed Plaintiff leave to amend. (ECF Nos. 24, 26.) Undeterred, Plaintiff filed the same allegations now labeled the Second Amended Complaint (“SAC”) (ECF No. 25), and Defendant filed the same motions asking to strike the punitive damages and to dismiss the negligence cause of action. (ECF No. 27.) Hoping that perhaps a…