What is a "willful" action in a personal injury action?

MultiRegion, United States of America

The following excerpt is from Foreman v. Merino (In re Merino), Adv. No.: 2:18-ap-01460-ER, Case No.: 2:18-bk-21250-ER (Bankr. C.D. Cal. 2020):

An injury is "willful" when "a debtor harbors 'either subjective intent to harm, or a subjective belief that harm is substantially certain.' The injury must be deliberate or intentional, 'not merely a deliberate or intentional act that leads to injury.'" Id. at 463 (internal citations omitted). An injury is "malicious" if it "involves '(1) a wrongful act, (2) done intentionally, (3) which necessarily causes injury, and (4) is done without just cause or excuse.'" Carrillo v. Su (In re Su), 290 F.3d 1140, 1146-47 (9th Cir. 2002) (internal citations omitted).

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