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418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
The standard of proof to recover punitive damages is ?clear and convincing? evidence of the defendant's ?evil hand and mind.? This means the plaintiff must present strong evidence that is highly and substantially more probable to be true than not true.
Jury Instructions (1) The reprehensibility of the conduct of the defendant. (2) The amount of punitive damages which will have a deterrent effect on the defendant in the light of defendant's financial condition. BAJI §14.71. [Emphasis added.]
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
You must ask the court for punitive damages, although you may not specify an amount. There is no set formula for determining the amount of punitive damages in California. Punitive damages serve to deter future misconduct and punish the defendant. ?Punitive damages? also goes by the name ?exemplary damages?.