Punitive Damages Claim Against Employer Is Dismissed Absent Action By “Managing Agent”

CRST, Inc. v. Superior Court, 11 Cal. App. 5th 1255 (2017)

Hector Contreras was employed as a truck driver by CRST when the truck he was driving collided with the car of Matthew and Michael Lennig. In this writ proceeding, CRST sought summary adjudication of the Lennigs’ prayer for punitive damages. The Court of Appeal issued a writ of mandate directing the trial court to vacate its order denying CRST’s motion for summary adjudication and entering a new order granting summary adjudication in favor of CRST on the punitive damages issue. The Court held there is no evidence that the CRST fleet manager (Marge Davis) was a “managing agent” within the meaning of the punitive damages statute (Cal. Civ. Code § 3294(b)) because she had no authority to change or establish corporate policy.