Legal Question in Business Law in California

Punitive Damages

Dear Madam/Sir:

Have Punitive Damages been outruled in the state of California?

Asked on 2/22/00, 8:43 pm

3 Answers from Attorneys

Gregory Brittain Gregory W. Brittain, Attorney at Law

Re: Punitive Damages

Punitive damages are allowed in California. the Plaintiff must prove oppression, fraud or malice by clear and convincing evidence. The Plaintiff must also prove the Defendant's net worth for determining the appropriate amount of punitive damages.

This reply is a courtesy and does not create an attorney client relationship.

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Answered on 2/25/00, 4:17 pm
John Hayes The John Hayes Law Offices

Re: Punitive Damages

No. However, limits have been set on how much a party can receive in punitive damages. I believe it is three times the actual damages or $50,000 whichever is more.

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Answered on 2/25/00, 6:53 pm
Michael McDaniel Countryman & McDaniel

Re: Punitive Damages

No, sorry. Punative damages are available in California, but only in extreme cases where, for example, fraud or intentional misconduct are concerned. Such damages are hard to win, but in a proper case they are based on the degree of misconduct and wealth of the defendant.

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Answered on 2/25/00, 11:49 pm

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