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California Exemplary Damages Attachment

California Exemplary Damages Attachment

Name: California Exemplary Damages Attachment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.75 (494 reviews)

Category:

California Civil Procedure - Statewide - Damages

State:

California

Control #:

CA-PLD-PI-001-6

Format:

Instant download

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Public form

Description

Exemplary Damages Attachment: This form is attached to either a Complaint or Cross-Complaint. It lists any other damages which the filing party feels he/she is owed, and why.

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FAQ

Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.

Some general guidelines for how to calculate punitive damages include:Punitive damages must be relatively proportionate to the actual damages award. In most jurisdictions, punitive damages cannot exceed four times the amount of compensatory damages.

As California statutes do not set a cap on punitive damages nor provide a formula as to how punitive damages should be calculated, the 5-to-1 ratio is often seen as reasonable; although officially the Supreme Court of the United States is on record as stating that in practice, few awards exceeding a single-digit ratio

Specifically, in a breach of case, the plaintiff is normally only awarded compensatory damages (i.e., money damages for the actual loss suffered based on the value of the contract), and punitive damages are generally not awarded at all.

Jurisdictions employ one of three standards of proof in decisions concerning punitive damages: (1) beyond a reasonable doubt, (2) by clear and convincing evidence, and (3) by a preponderance of evidence.

Under California law, before a plaintiff can recover punitive damages, he must prove, by clear and convincing evidence, fraud, malice or oppression by the defendant as laid out in Civ. Code section 3294(c).

Punitive damages and their purpose The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.

Punitive damages are also called exemplary damages. They are awarded both to deter the defendant and others from conduct similar to the conduct that gave rise to the lawsuit, and to punish the defendant. They are often awarded to set a public example.Generally, punitive damages are in excess of provable injuries.

While mandated percentage "limits" on a punitive damage award have drawn criticism, awards in excess of these limits have also drawn objection. Again, using California as an example, courts have generally found punitive damages greater than 15 percent of a defendant's net worth to be excessive.

California Exemplary Damages Attachment

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FAQ

What qualifies for punitive damages?

How are punitive damages calculated?

How are punitive damages calculated in California?

What is the standard for an award of punitive damages for a contract breach?

What is the standard of proof for a punitive damages award?

What must the claimant prove in order to secure punitive damages from the insurer?

How do I plead punitive damages in California?

What is the difference between punitive and exemplary damages?

What is the general ratio for a punitive damage to be awarded?

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