Josh Klinghoffer wins his first battle in the case filed against him

Not long ago, Josh Klinghoffer, the current touring guitarist for Pearl Jam and the former guitarist for Red Hot Chili Peppers, was charged of vehicular manslaughter without gross negligence. If you aren’t familiar with this piece of news, you can read a recap here.

Judge Ian C. Fusselman of Los Angeles County Superior Court decided during a hearing on October 18th that the lawsuit filed by Ashley Sanchez, the victim’s daughter, did not adequately show that Klinghoffer’s acts on the day of the incident were “despicable and willful.” Therefore, at this time, the lawsuit does not comply with the requirements required for Sanchez to seek punitive damages. However, according to Rolling Stone, the judge has given Sanchez the chance to revise her complaint because it offers more verifiable proof than claims that Klinghoffer was driving while intoxicated and can unequivocally show that Klinghoffer acted with a “evil motive.”

Plaintiff’s allegation that defendant acted with ‘willful and conscious disregard’ of others, even understood in the light most favorable to plaintiff’s case, fails to rise to the level of ‘despicable and willful’ conduct. The facts alleged by plaintiff here clearly allege that defendant was careless, even reckless. However, recklessness is insufficient to support a punitive damages claim.

Judge Ian C. Fusselman

Sanchez’s attorneys have stated that they plan to revise their lawsuit with additional information in an attempt to demonstrate that Klinghoffer’s acts satisfy the previously specified legal requirements for the possible award of punitive damages.