What is the burden of proving a defendant's financial condition in a claim for punitive damages?

California, United States of America


The following excerpt is from Fernandes v. Singh, 16 Cal.App.5th 932, 224 Cal.Rptr.3d 751 (Cal. App. 2017):

Pointing to a general rule regarding punitive damages, that it is a plaintiff's burden to prove a defendant's financial condition (see Adams v. Murakami (1991) 54 Cal.3d 105, 108-109, 284 Cal.Rptr. 318, 813 P.2d 1348 ), Rawat faults the evidence of her financial condition because

[224 Cal.Rptr.3d 759]

Other Questions


Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
What is the test for determining whether a defendant's financial condition is sufficient to sustain a punitive damages claim? (California, United States of America)
Does a plaintiff have the burden of establishing a defendant's financial condition if they are seeking punitive damages? (California, United States of America)
What is the burden of making a claim for damages against defendant defendant? (California, United States of America)
What is the test for determining whether a defendant's financial condition is sufficient to sustain an award of punitive damages? (California, United States of America)
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)
Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (California, United States of America)
What is the test for determining whether a defendant's financial condition is to be considered a factor in determining punitive damages? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
What is the test for a claim of misconduct in a criminal case brought by a defendant that the prosecution made comments that reduced the burden of proving reasonable doubt with common sense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.