Legal Question in Business Law in California

Re: Punitive Damages

First, you can't sue anyone for theft. Theft is a crime, and only the District Attorney (or Attorney General) can prosecute a crime. This tells me you are operating in the dark as to basic legal concepts and don't have a lawyer, but need one.

There is, however, a civil equivalent to the crime of theft; it is the tort of "conversion." Your suit probably should be for the conversion of the equipment.

Punitive damages are available for the tort of conversion. However, under California procedural rules, a plaintiff MAY NOT ask for a specific sum as punitive damages. A complaint asking for a specific sum is subject to a motion to strike.

You may ask for punitive damages "in an amount that the court (or jury) finds appropriate in the circumstances" but you may not ask for, or even suggest, a specific figure.

As has been pointed out, punitive damages require, in addition to proof of the underlying tort, proof that the defendant acted with "fraud, malice or oppression" in mind, which means here, probably, that you have to show that the rascal was not just snitching your goodies for his own benefit, but also that he was trying to harm you out of some evil motive. This is a stiff burden of proof.

Re: Punitive Damages

You can obtain punitive damages in matters not arising from a contract where the defendant was guilty of oppression fraud or malice. See Civil Code Section 3294. There is not set amount, it depends on how much the fact finder believes will be appropriate to punish and be an example by others, and many factors may be looked at including the wealth of the defendant. The Supreme Court has sometimes limited punitive damages to nine times the amount of the compensatory award (that is what you were actually damaged), but that amount is not clear in the law.

Re: Punitive Damages

Because there is no bright line rule on setting punitive damages and it depends on many factors, simply allege in the complaint, "Punitive Damages in an amount according to proof at trial." Also, make sure you are alleging a cause of action for which punitive damages can be obtained. Breach of contract is not one of them.

Good Luck!