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Punitive damages are not intended to compensate a plaintiff but to punish and deter defendants that engage in particularly egregious conduct.  Punitive damages are defined as, “damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit.”  Black’s Law Dictionary 396 (7th ed. 2000).   To obtain punitive damages, the plaintiff must prove by, “clear and convincing evidence,” that the defendant engaged in, “oppression, fraud, or malice.”  California Civil Code § 3294(a); see Judicial Council of Calif., Civ. Jury Instr. (CACI) No. 3940-3949; Judicial Council of Cali., Civ. Jury Instr. (CACI) No. VF-3900-3904 (2023).

The decision to award punitive damages and the amount ultimately assessed is made by the judge or jury.  The amount of the punitive damages assessed against a defendant is designed to be a public embarrassment and deter the reputation of the conduct.  The California Supreme Court has adopted several factors the jury must consider when awarding punitive damages.  Adams v. Murakami, (1991) 54 Cal. 3d 105, 111 (When assessing  punitive damages, the jury must consider all three (3) factors.  And, the amount of punitive damages must be reasonable in light of each factor.).   The factors are: