Legal Question in Landlord & Tenant Law in California

I filed a tort claim with 8 causes of action requesting punitive damages on each. defendant failed to answer, i must now prove-up for default. must i prove every causes of action that request punitive damages. how would i known the defendant financial ability when there is no discovery. what document must i presented: a declaration or a memo. of points and authorities.


Asked on 3/30/15, 11:20 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You might hire an investigator to obtain the information needed to prove-up the punitive damages. There might be public records of the defaulted party's net worth and holdings, particularly real property. You and your investigator could prepare a declaration as part of the prove-up to discuss the information that was determined, and perhaps have the investigator testify at the prove-up, which could be even stronger evidence as the judge could ask questions about it.

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Answered on 4/07/15, 12:04 am


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