(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, …

Jan 1, 2023 · (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.

California Civil Code § 3294 allows a plaintiff to recover punitive damages in cases where the defendant acted with oppression, fraud or malice. The plaintiff needs to prove this by way of clear and convincing evidence.

CA Civ Code Section 3294 (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the ...

Jan 1, 1993 · 3294. (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.

(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.

Jan 1, 1993 · CA Civ Code § 3294 (2017) (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the ...

Jul 10, 2024 · If the stockbroker has been guilty of oppression, fraud, or malice, in addition to the actual damages, the senior citizen may recover punitive damages under Cal. Civ. Code §3294 for the sake of example and by way of punishing the defendant. In addition to punitive damages, Cal. Civ. Code §3345 allows for treble damages in consumer fraud cases ...

Civil Code section 3294 applies for imposing punitive damages to spouses who breach fiduciary duties in divorce cases.

§ 3294 of the California Civil Code authorizes a plaintiff to obtain an award of punitive or exemplary damages when there is clear and convincing evidence that the defendant engaged in malice, oppression, or fraud.