In California, punitive damages are awarded in civil cases to punish the defendant for their wrongful conduct and to deter others from engaging in similar behavior. Punitive damages are separate from compensatory damages, which are intended to compensate the plaintiff for their actual losses or harm.
The availability and calculation of punitive damages in California are governed by state law, specifically Civil Code section 3294. According to this statute, punitive damages may be awarded if the plaintiff proves by clear and convincing evidence that the defendant acted with oppression, fraud, or malice.
Here’s a brief overview of the key terms defined in Civil Code section 3294:
- Oppression: Oppression refers to conduct that is despicable and subjects the plaintiff to cruel and unjust hardship in conscious disregard of their rights.
- Fraud: Fraud refers to intentional misrepresentation, deceit, or concealment of a material fact with the intent to deceive or defraud another person.
- Malice: Malice can be established by showing either:
- Actual Malice: Despicable conduct carried out with a willful and conscious disregard for the rights or safety of others.
- Implied Malice: Conduct that is so reckless or outrageous that it implies a disregard for the consequences, even if the defendant did not specifically intend to harm the plaintiff.
Under California law, punitive damages are not automatic and are generally only awarded in cases where the defendant’s conduct was particularly egregious or reprehensible. Additionally, there are statutory limits on the amount of punitive damages that can be awarded, depending on factors such as the severity of the defendant’s misconduct and the amount of compensatory damages awarded.
It’s important to note that punitive damages are subject to judicial review, and courts may reduce or set aside punitive damages awards if they are found to be excessive or not supported by the evidence.
Overall, punitive damages in California serve as a deterrent against egregious misconduct and aim to promote justice and fairness in civil litigation.