California Civil Code

§ 3294

CIV § 3294 Effective Jan 1, 1993Div. 4 · Title 2 · Part 1 · Ch. 1 · Art. 3

Statute text

(a)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, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.

(b)An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation.

(c)As used in this section, the following definitions shall apply:

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Legislative history

Amended by Stats. 1992, Ch. 178, Sec. 5. Effective January 1, 1993.