What are punitive / exemplary damages?

Useful Rulings on Punitive / Exemplary Damages

Recent Rulings on Punitive / Exemplary Damages

1-25 of 10000 results

PERSOLVE LEGAL GROUP, LLP VS LETICIA HERNANDEZ

N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

CEMEX USA, INC. VS ATILANO, INC., A CALIFORNIA CORPORATION, ET AL.

N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

717 NOGALES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS NEW DIAMOND TRUCKING, INC., A CALIFORNIA CORPORATION AND, ET AL.

N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

MARK LIU VS XUEFAN LIU

N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

PRIME STAFF INC VS PARTNERSHIP STAFFING SOLUTIONS LLC

At that time, this Court informed counsel for the Cross-Complainant that there was insufficient information regarding the defendants’ resources to properly determine punitive damages. When this Court stated that it appeared that all other damages sought appeared to be appropriate, counsel withdrew the punitive damages request.

  • Hearing

AVITUS INC. VS ANDIAMO MANAGEMENT COMPANY, A CORPORATION, ET AL.

N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

CHANGLIANG DAI VS THOMAS CHEN, ET AL.

N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

NATIONSTAR MORTGAGE LLC VS NEW CENTURY MORTGAGE CORPORATION, A CALIFORNIA COR~ORATION

N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

LUZ BELTRAN, ET AL. VS NICHOLAS SCHWARTZ, ET AL.

N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FUNDATION GROUP LLC VS BINH NGUYEN, ET AL.

N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

ADRIAN MADDEN VS GURUCUL SOLUTIONS, LLC

On November 23, 2020, the Court denied Defendant’s motion to strike the allegations of requests for punitive damages from the FAC. Before the Court is Defendant’s unopposed motion to seal the unredacted FAC, filed on November 3, 2020. ANALYSIS: I. Motion to Seal A. Request for Judicial Notice Defendant requests that the Court take judicial notice of the FAC. The Court DENIES Defendant’s request as superfluous. (Cal. Rules of Court, rule 3.1110(d).)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

HAIM¿ AHRONI VS LISA¿ DIANE HARPER, ET AL.

None of these allegation supports a claim for punitive damages. To the contrary, this case sounds in negligence. If the Court permitted a claim for punitive damages under these circumstances, the vast majority of motor vehicle collision cases would involve such a claim, which is not the law. Conclusion and Order Defendants’ motion to strike the prayer for punitive damages is granted with leave to amend. Plaintiff may file a first amended complaint within ten (10) days of notice.

  • Hearing

JINSONG SHI VS ALG LAWYERS INC., ET AL.

Motion to Strike Defendant moves to strike Plaintiff’s requests for punitive damages and attorney’s fees. Defendant argues that “[s]uch damages can only be sought based on malicious conduct as outlined in California Civil Code Section 3294.” (Motion 10:1-3.) However, as discussed above, the fraud claim survives demurrer. Punitive damages thus remain available for Defendant’s alleged conspiracy in the fraud scheme. However, “[t]he UCL does not authorize an award of attorney fees.” (People ex rel.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

XIAOXING ZHANG VS ZHE ZHANG, ET AL.

Municipal Court¿(1979) 99 Cal.App.3d 568, 575.)¿¿¿ Zhang to strike the reference to punitive damages and attorneys’ fees.¿(Motion at p. 2.)¿¿¿ Punitive damages are allowed in non-contract cases when a defendant is guilty of “oppression, fraud, or malice”.” (Civ. Code § 3294.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BAHRAM JARIDIAN VS SUBARU OF AMERICA, INC., ET AL.

“Mere negligence, even gross negligence, is not sufficient to justify such an award” for punitive damages. (Kendall Yacht Corp. v. United California Bank (1975) 50 Cal.App.3d 949, 958.) Defendant moves to strike Plaintiff’s punitive damages request. (Motion to Strike, p. 2:5-8.) Defendant argues that Plaintiff has not pled a viable fraud claim that can support a punitive damages claim. (Ibid.)

  • Hearing

MIRNA VILLANUEVA, ET AL. VS LAUREN LEE

Defendants now moves to strike the punitive damages. 2. Motion to Strike a.

  • Hearing

JIN HONG VS MICHELLE KIM, ET AL.

(“Dinglasan”), Meein Medical Corporation dba Eben Ezer Medical Clinic and Does 1-20 for: Negligence Negligent Misrepresentation Fraud—Concealment Fraud—Intentional Misrepresentation Negligent Hiring, Training and Supervision Respondeat Superior Negligent Infliction of Emotional Distress Punitive Damages On July 13, 2020, Kim filed a cross-complaint, asserting causes of action against Plaintiff, Douglas Borthwick and Does 1-100 for: Civil Extortion Fraud Breach of Settlement Agreement Malicious

  • Hearing

CATHY LOGISTICS, INC. VS BLAKE B OSBORNE, ET AL.

N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GRACE IONA CARTER VS. JASPER BROWN

. _____________________________ TENTATIVE RULING The motion to strike Plaintiff's punitive damages claim against Defendant AHA is moot in light of the Court's ruling sustaining AHA's concurrently filed demurrer. Moreover, it does not appear that Plaintiff seeks punitive damages from AHA, and thus there would be no basis to grant the motion in any event.

  • Hearing

BLANCA Y NAVARRO, ET AL. VS ROBERT WU, ET AL.

Discussion Defendants move the court for an order to strike out the following portions of the FAC: (1) Page 20, ¶ 119, lines 14-17: “. . . was both oppressive and malicious within the meaning of Civil Code § 3294 in that it subjected Plaintiffs to cruel and unjust hardship in willful and conscious disregard of Plaintiff’s rights and safety, thereby entitling Plaintiffs to an award of punitive damages;” and (2) Page 28, line 4: “Exemplary and punitive damages in an amount to be determined at trial.”

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CARLOS ANTHONY LOPEZ VS THE DEPARTMENT OF CHILDREN & FAMILY SERVICES

Clorox Co. (1996) 44 Cal.App.4th 1807, 1816) Constitutional Law and Civil Rights, Punitive Damages over 10:1 Violations Due Process Civil Rights Violation 18 US Code Section 371 4th Amendment Violation Illegal Search and Seize 18 US Code 1983 Under the Civil Rights Attorneys Fees Awards Act of 1976 Civil Rights Violation 18 US Code Section 242 Deprivation of Rights Under Color of Law Healthcare Fraud US Code Section 1347 Intentional Misrepresentation Code of Civil Procedure 1710 Penalties for Document

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANDREW COCHRAN VS CP IV PARTHENIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Plaintiff therefore moves for punitive damages. [Comp., ¶ 49.] The alleged failure to both properly conduct repairs and subsequent alleged refusal to complete said repairs supports the claim for punitive damages for purposes of the subject motion reviewing the pleading. (Civ. Code, § 3294, subd. (c)(1); See Taylor v. Superior Court (1979) 24 Cal.3d 890, 899.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

1301 GLADSTONE STREET INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS ET, INC., A CALIFORNIA CORPORATION, ET AL.

N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

NEIL YESCHIN VS HYUNDAI MOTOR AMERICA

In striking the trial court’s award of punitive damages in addition to civil penalties on a Song-Beverly claim, the Troensegaard court held that had the Legislature, by Civil Code sections 3294 (permitting punitive damages ) and 1794 (permitting a civil penalty), intended a double recovery of punitive and penal damages for the same willful, oppressive, malicious, and oppressive acts, it would in some appropriate manner have said so.

  • Hearing

BHARDWAJBHAI PATEL VS FRANCISCO MARTINEZ BALSECA

Analysis At ¶ 24 of the complaint, Plaintiff alleges Defendant’s conduct was intentional, malicious, oppressive, and despicable, such that punitive damages are appropriate; additionally, ¶ 6 of Plaintiff’s prayer for damages seeks imposition of punitive damages.

  • Hearing

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