Metal Anarchy

According to Rolling Stone, Josh Klinghoffer (Pearl Jam, ex-Red Hot Chili Peppers, etc.) has scored a key win in the wrongful death lawsuit that was filed against him. That complaint was filed by Ashley Sanchez after the guitarist allegedly killed her father Israel Sanchez after hitting him during a distracted driving incident.

Los Angeles County Superior Court Judge Ian C. Fusselman says Ashley did not have enough evidence to prove that Klinghoffer was acting with “despicable and willful” conduct. She still has a chance to amend the lawsuit, but will have to provide new facts to show that there was an “evil motive.” Fusselman said the following:

“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.”

He went on to describe “despicable conduct” as something that is “so vile, base miserable, wretched or loathsome that it would be looked down on by ordinary decent people.” The judge also added:

“The facts alleged by plaintiff here clearly allege that defendant was careless, even reckless. However, recklessness is insufficient to support a punitive damages claim.”

Over a dozen lines in the lawsuit were struck down. However, claims regarding medical costs and pain and suffering will be moving forward. Ashley’s lawyer John Kawai commented:

“The judge’s ruling indicated that he wanted some additional detail about Klinghoffer’s mental state at the time he collided with the pedestrian in the complaint similar to what would be alleged in a criminal case in order to bolster our claim for punitive damages. We anticipate we will be able to allege further detail.”

This latest news comes after Klinghoffer was recently arraigned on a misdemeanor charge of vehicular manslaughter without gross negligence. The musician has since pleaded not guilty.

Klinghoffer allegedly struck Israel while he was using a crosswalk on March 18, 2024. Ashley previously claimed he was using a phone and driving with no plates. However, a source close to the investigation said “there was no phone involved.” It also said “no criminal intent is alleged.” The criminal case will head back to court on October 31.