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In California civil cases, punitive damages are awarded in addition to compensatory damages when the defendant’s conduct is deemed particularly egregious, malicious, fraudulent, or reckless. The purpose of punitive damages is not to compensate the plaintiff but to punish the defendant for their reprehensible behavior and deter others from engaging in similar actions. Unlike compensatory damages, which are intended to make the plaintiff whole, punitive damages serve as a deterrent and a societal warning against intentional misconduct or gross negligence. California courts typically reserve punitive damages for cases where the defendant’s actions were especially harmful, such as cases involving fraud, intentional harm, or extreme disregard for others’ safety.

To be awarded punitive damages in California, the plaintiff must prove by clear and convincing evidence that the defendant acted with malice, oppression, or fraud. “Malice” means that the defendant acted with a deliberate intent to harm the plaintiff, or with a conscious disregard for the plaintiff’s safety or well-being. The amount of punitive damages is determined by the court, considering factors such as the severity of the defendant’s misconduct, the defendant’s financial status, and the need to deter future similar conduct. California law also places limits on punitive damages, especially in cases involving large corporations, where the ratio of punitive damages to compensatory damages is typically capped (though it can be adjusted based on the circumstances).

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Post Author: lawofficesofjamesrdickinson