The Motion by Defendant Janessa Clark and Intervenor State Farm Mutual Automobile Insurance Company for summary adjudication as to Plaintiff’s claim for punitive damages is GRANTED.
Defendant’s objections numbers 1 and 3-8 are overruled; Defendant’s objections numbers 2 and 9-10 are sustained.
A prayer for Punitive Damages is authorized by California Civil Code section. 3294(a). Section 3294(c)(1) defines “malice” as “conduct which is intended by the Defendant to cause injury to the Plaintiff or despicable conduct which is carried on by the Defendant with a willful and conscious disregard of the rights or safety of others.” In 1987, the Legislature amended the statute to add a criterion for “unintentional malice” which requires a plaintiff to prove that the conscious disregard displayed by the defendant was “despicable” and “willful.” It also elevated the standard of proof to clear and convincing evidence. (See Civil Code § 3294.)
Generally, the issue of punitive damages is left to the
Hearing Date
August 07, 2020
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The Motion by Defendant Janessa Clark and Intervenor State Farm Mutual Automobile Insurance Company for summary adjudication as to Plaintiff’s claim for punitive damages is GRANTED.
Defendant’s objections numbers 1 and 3-8 are overruled; Defendant’s objections numbers 2 and 9-10 are sustained.
A prayer for Punitive Damages is authorized by California Civil Code section. 3294(a). Section 3294(c)(1) defines “malice” as “conduct which is intended by the Defendant to cause injury to the Plaintiff or despicable conduct which is carried on by the Defendant with a willful and conscious disregard of the rights or safety of others.” In 1987, the Legislature amended the statute to add a criterion for “unintentional malice” which requires a plaintiff to prove that the conscious disregard displayed by the defendant was “despicable” and “willful.” It also elevated the standard of proof to clear and convincing evidence. (See Civil Code § 3294.)
Generally, the issue of punitive damages is left to the