AB 556

Bill Subjects

Abstract

Existing law authorizes the plaintiff, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, to recover damages for the sake of example and by way of punishing the defendant in addition to the actual damages. This bill would, in any action commenced on or after July 1, 2012, in which exemplary damages are recoverable pursuant to these provisions, require the trier of fact to determine whether the defendant is liable for exemplary damages, and require the trial court to determine the amount of the award and enter an order setting forth the amount of the award and the reasons supporting the award.