What are punitive / exemplary damages?

Useful Rulings on Punitive / Exemplary Damages

Recent Rulings on Punitive / Exemplary Damages

1-25 of 10000 results

(NO CASE NAME AVAILABLE)

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

    Oct 07, 2020

JOSE AGUILERA VS 5 STAR DELIVERY INC

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

    Sep 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

WEST COVINA CAR STOP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS ROUND TABLE REMARKETING D.R.S., 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

    Sep 23, 2020

  • Type

    Contract

  • Sub Type

    Breach

UPGRADE SECURITIZATION TRUST I VS CHRISTOPHER LOPEZ

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

    Aug 17, 2020

JINGXUAN ZHANG VS HUMMINGBIRD NEST ENTERTAINMENT CORP

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

    Aug 14, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

YESLENDER, LLC, A PENNSYLVANIA LIMITED LIABILITY COMPANY VS FIVE BULLS TRANSPORT, 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

    Aug 12, 2020

  • Type

    Contract

  • Sub Type

    Breach

HWANSHIK YOON VS ELLEN EUN YOO, ET AL.

N/A Statement of Damages served (P.I./wrongful death). (JC Form MC-010; CCP 425.11.) N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

    Aug 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CHING FU CHANG, ET AL. VS PAN MING LEI, ET AL.

Yes Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.) No Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

  • Hearing

    Jul 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HOMAYOUN LARIAN VS EDWARD CZUKER, ET AL.

Motion to Strike Given that Plaintiff seeks punitive damages in connection with the fifth cause of action, and the Court has sustained the demurrer to that cause of action, Defendants’ motion to strike the request for punitive damages is DENIED, as MOOT. (The Court is aware that in his FAC, Plaintiff also seeks punitive damages in connection with the first, fourth and eleventh causes of action, but the Court has SUSTAINED the demurrer, without leave to amend, as to these causes of action.)

  • Hearing

    Jul 26, 2020

  • Type

    Real Property

  • Sub Type

    other

ANNE SHOYKHET, ET AL. VS NATHALIE DUBOIS, ET AL.

Accordingly, Defendant’s motion to strike is GRANTED, with twenty (20) days leave to amend, as to the prayer for exemplary, treble and punitive damages, and DENIED in all other respects.

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

NINA MARIE JOHNSON VS IAN PATTON, ET AL.

Plaintiff seeks punitive damages in paragraph 1 and the prayer of the complaint, but the only cause of action for which Plaintiff requests punitive damages is her claim for intentional infliction of emotional distress, to which a demurrer has been sustained. Plaintiff provides no other basis for punitive damages; thus, Defendants’ motion to strike is GRANTED, with twenty (20) days leave to amend, as to her claim for punitive damages.

  • Hearing

    Jul 24, 2020

  • Type

    Contract

  • Sub Type

    Breach

JOHNATHAN MOLTONI, ET AL. VS XTREME MOTOR SPORTS, INC., 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

    Jul 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LUIS ALONSO VS ROUNDTREE N VAN NUYS, LLC DBA NISSAN OF VAN NUYS, A CALIFORNIA LIMITED LIABILITY COMPANY

For these defects, Plaintiff’s request for punitive damages is denied.

  • Hearing

    Jul 21, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

CITY OF POMONA, A MUNICIPAL CORPORATION, ET AL. VS HIGH SUPPLY, A BUSINESS ORGANIZATION, FORM UNKNOWN, ET AL.

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

  • Hearing

    Jul 20, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

(NO CASE NAME AVAILABLE)

Discussion Commodity Trucking moves the court for an order, per CCP §§ 598 and 3295(d), for an order bifurcating the issue of punitive damages and precluding any evidence and argument regarding Commodity Trucking’s financial status and, if applicable, corporate size and/or profits unless Plaintiff proves liability and its entitlement to punitive damages in the first phase of trial, and there is a second phase.

  • Hearing

    Jul 20, 2020

KIMBERLY L. QUARANTA, ET AL. V. MICHAEL J. GUNSON, MD, ET AL.

The willful, malicious and despicable conduct allegations: “In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed.” CCP § 425.13. Plaintiffs had taken out the prayer for punitive damages that was included in an earlier complaint.

  • Hearing

    Jul 14, 2020

CASE NO. 19CV02228 – MARY MOTLEY ET. AL. V. SYSCO VENTURA, INC. (LEAD CASE OF CONSOLIDATED CASES)

Nature of Proceedings: Case Maangement Conference Consolidated cases: Case No. 19CV05367 (Fleming) Case No. 19CV06086 (Ventura) Case No. 20CV00144 (Stone) Case No. 20CV01657 (Martinez-Amores) Case No. 20CV01726 (Hernandez) Multiple vehicle incident date 2/7/19; Hwy 135/Union Valley Parkway, Santa Maria, Punitive damages alleged; Related criminal case – No. 19CR05861 People v. G. Pena.

  • Hearing

    Jul 14, 2020

MARY PERRULLI, ET AL AND RAFAEL CONVALESCENT HOSPITAL, INC, ET AL

Defendant objects asserting (1) it did not contract to provide the healthcare services to decedent; (2) Bohrer has an individual right to privacy in these records; and (3) the evidence seeks defendant’s financial worth without first establishing a primafacie case of punitive damages liability, in violation of Civil Code § 3295.

  • Hearing

    Jul 14, 2020

  • Judge

    STEPHEN P, FRECCERO

  • County

    Marin County, CA

CHRISTIAN CARRANZA VS DAVID PHILLIP MEYI, ET AL.

(“Moving Defendant”) asks the Court to strike punitive damages from the complaint because Plaintiff has not alleged sufficient facts to pray for punitive damages. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).)

  • Hearing

    Jul 14, 2020

DECOKING DESCALING TECHNOLOGY, INC., A TEXAS CORPORATION VS D.D. TECHNOLOGY INC., A WASHINGTON CORPORATION

(DD) moves to strike Paragraph 40 in the cause of action for conversion and the prayer for punitive damages. FACTUAL ALLEGATIONS This case arises from a contractual relationship between the parties. Plaintiff is “operated and managed” by “acting President” Gordon Grange. (Paragraph 4) Defendant “is in the business of decoking/descaling in the pigging industry (essentially involves performing cleaning and maintenance work in oil refineries) . . .” (Paragraph 5) “In or about 2000, Mr.

  • Hearing

    Jul 14, 2020

TAJSHA JORDAN, AN INDIVIDAUL, ET AL. VS BURBANK-CANTALOUPE ASSOCIATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Based on the foregoing, Defendants’ Motion to Strike as to punitive damages is GRANTED without leave to amend as to paragraph 62 (Plaintiff’s negligent breach of quiet enjoyment). Defendants’ Motion to Strike as to paragraphs 28, 40, 56, 66, and 96 and prayer for relief for punitive damages is Denied as to the other causes of action.

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

PETER WAMBAA AND LEXUS OF MARIN

He also seeks punitive damages. Defendant demurs to each cause of action, asserting it fails to allege facts sufficient to state a cause (Code Civ. Proc, § 430,10(e)), or is uncertain. (§ 430.10(0.)

  • Hearing

    Jul 14, 2020

LAURA JOANNE MEADOWS VS PLANET HOME LENDING, LLC, ET AL.

Defendants concurrently move to strike the prayer for punitive damages and associated allegations COMPLAINT 1. Violation of California Civil Code §2923.55 and/or §2923.5; 2. Violation of California Civil Code §2923.6; 3. Violation of California Civil Code §2923.7; 14 4. Violation of California Civil Code §2924.11; 5. Violation of California Civil Code §2924.17; 6. Fraudulent Misrepresentation; 7. Negligent Misrepresentation; 8. Promissory Fraud; 9. Fraudulent Concealment; 10.

  • Hearing

    Jul 14, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

HILARY VON GERLACH VS. FRG PLAZA, LLC

Strike Punitive Damages: Preliminarily, it is noted that the request for punitive damages found in the FAC is only made under the second COA. There is no request for punitive damages under the first COA for breach of contract. Defendant’s arguments related to the first COA are not considered as moot. The request for punitive damages is made under the second COA for breach of warranty of habitability. This COA is grounded on negligence theories.

  • Hearing

    Jul 14, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MCKINNEY VS. PIECEMAKERS

Civil Code sections 3294 and 3295 concern exemplary damages. However, the documents sought are not relevant due to a claim for punitive or exemplary damages. Defendant next contends that discovery was not reopened when trial was continued, but provides no facts or evidence supporting this contention. Failure to include points and authorities supporting each ground for the motion may be treated as an admission that the motion is not meritorious, and as ground to deny it.

  • Hearing

    Jul 14, 2020

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