California, United States of America
The following excerpt is from Western Decor & Furnishings Industries, Inc. v. Bank of America, 154 Cal.Rptr. 287, 91 Cal.App.3d 293 (Cal. App. 1979):
In order for the jury to award exemplary damages, there must be proof of malice in fact. Malice cannot be implied. (Toole v. Richardson-Merrell, Inc. (1967) 251
Page 296
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