California Punitives by Horvitz & Levy
  • Another punitive damages award reversed due to insufficient financial condition evidence (Wilson v. Autler)

    This unpublished opinion is the latest example of the California Court of Appeal vacating a punitive damages award because the plaintiff failed to present meaningful evidence of the defendant’s financial condition.

    The defendant testified that she owned a home and paid cash for it.  But the Court of Appeal (Fourth District, Division Two) said that evidence was not nearly sufficient to support a punitive damages award; the plaintiff presented no evidence of the value of the house, the defendant’s other assets or liabilities, or her income and expenses.  As a result, the court vacated $50,000 in punitive damages.