Replies to post #58475 on Advanced Micro Devices Inc (AMD)

[dacaw]

Punitives

Here's the Code section that authorizes punitive damages under CA law:

3294. (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.

. . . [portion omitted]

(c) As used in this section, the following definitions shall
apply:
(1) "Malice" means conduct which is intended by the defendant to
cause injury to the plaintiff or despicable conduct which is carried
on by the defendant with a willful and conscious disregard of the
rights or safety of others.
(2) "Oppression" means despicable conduct that subjects a person
to cruel and unjust hardship in conscious disregard of that person's
rights.
(3) "Fraud" means an intentional misrepresentation, deceit, or
concealment of a material fact known to the defendant with the
intention on the part of the defendant of thereby depriving a person
of property or legal rights or otherwise causing injury.