Is a plaintiff entitled to exemplary damages under section 3294 of the California Civil Code?
California, United States of America
The following excerpt is from Lundquist v. Marine Engineers Beneficial Ass'n No. 97, Inc., 208 Cal.App.2d 390, 25 Cal.Rptr. 250 (Cal. App. 1962):
So far as exemplary damages are concerned, petitioner concedes that section 3294, Civil Code (providing for exemplary damages) is preconditioned on the recovery of actual damages. (Sasser v. Miles & Sons Trucking Service (1953) 119 Cal.App.2d 239, 243-244, 259 P.2d 488.)
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