California, United States of America
The following excerpt is from Shaw v. Superior Court of L. A. Cnty., 2 Cal.5th 983, 216 Cal.Rptr.3d 643, 393 P.3d 98 (Cal. 2017):
a court, rather than a jury. (Accord, DiPirro v. Bondo Corp. (2007) 153 Cal.App.4th 150, 182, 62 Cal.Rptr.3d 722 ["Where, as here, the statute has delegated the assessment of civil penalties in accordance with a highly discretionary calculation that takes into account multiple factors, this is the kind of calculation traditionally performed by judges rather than a jury...."].) Nothing in the legislative history indicates that the 2007 amendment was intended to give a jury authority to determine
[393 P.3d 111]
what type of remedies are warranted and should be imposed in a particular case.
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