Legal Question in Business Law in California
Punitive Damages
Dear Madam/Sir:
Have Punitive Damages been outruled in the state of California?
3 Answers from Attorneys
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.
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.
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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