In a personal injury action, can a defendant argue against a punitive damages award for failing to provide evidence of his financial condition?
California, United States of America
The following excerpt is from Mack Film Dev. v. Johnson, B210933, No. BC335581 (Cal. App. 2010):
In order for a reviewing court to make an informed decision as to whether an award of punitive damages is excessive, the record must contain evidence of the defendant's financial condition. (Adams v. Murakami (1991) 54 Cal.3d 105, 110-112.) However, when the defendant disobeys an order to produce information showing his financial condition, he cannot object to a punitive damage award for lack of such
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