California Code of Civil Procedure

§ 425.14

CCP § 425.14Title 6 · Part 2 · Ch. 2 · Art. 1

Statute text

No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive or exemplary damages to be filed. The court may allow the filing of an amended pleading claiming punitive or exemplary damages on a motion by the party seeking the amended pleading and upon a finding, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established evidence which substantiates that plaintiff will meet the clear and convincing standard of proof under Section 3294 of the Civil Code. Nothing in this section is intended to affect the plaintiff’s right to discover evidence on the issue of punitive or exemplary damages.

Legislative history

Added by Stats. 1988, Ch. 1410, Sec. 1.