In what circumstances will a plaintiff be able to claim punitive damages?

California, United States of America


The following excerpt is from Monge v. Superior Court, 176 Cal.App.3d 503, 222 Cal.Rptr. 64 (Cal. App. 1986):

In determining whether a complaint states facts sufficient to sustain punitive damages, the challenged allegations must be read in context with the other facts alleged in the complaint. Further, even though certain language pleads ultimate facts or conclusions of law, such language when read in context with the facts alleged as to defendants' conduct may adequately plead the evil motive requisite to recovery of punitive damages. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6-7, 172 Cal.Rptr. 427.)

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