Does a defrauded party have to prove actual damages to justify recovery of punitive damages under section 3294 of the Civil Code?
California, United States of America
The following excerpt is from Werschkull v. United California Bank, 149 Cal.Rptr. 829, 85 Cal.App.3d 981 (Cal. App. 1978):
In Esparza v. Specht (1976) 55 Cal.App.3d 1, 127 Cal.Rptr. 493, the appellate court held that, for purposes of finding actual damages to justify recovery of punitive damages, as allowed by section 3294 of the Civil Code, it is sufficient that the defrauded party show a damage, and not that he must show bottomline damages (p. 9, 127 Cal.Rptr. 493).
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