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Need to make argument for punitive damages

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daffan

Member
What is the name of your state?What is the name of your state? California

I am at the end of the road in a long civil suit I filed in pro per. The defendnats have defaulted (I had their answers stricken) and I am now filing the papers for Default Judgment.

It is a fraud case and the defendants claimed a loan I made them allowed them access to $150,000.00 in escrow accounts.

I have no idea if they actually have money but they claimed (in letters and admissions deemed admitted) to have obtained access to these funds.

I did ask for punitive damages in my complaint but did not put an amount (per california law). I later sent them Notices about my right to seek punitive damages of $20,000,000.00. I based this on keeping it less than 15% of the amount they became enriched.

I was damaged for a little over $8000 for a loan to them and for $500,000.00 for a bonus I was to receive after they had access to the escrow accounts (all in a written agreement).

Since I now need to ask the court for a specific amount of punitive damages, how do I gauge this? It seems the Cal. supreme court has come up with a lot of varying opinions and I don't know how to argue it? I believe others were harmed but only have a reference to them (no names) in letters from the defendnants.

What formula do I use for punitive damages?
 


seniorjudge

Senior Member
daffan said:
What is the name of your state?What is the name of your state? California

I am at the end of the road in a long civil suit I filed in pro per. The defendnats have defaulted (I had their answers stricken) and I am now filing the papers for Default Judgment.

It is a fraud case and the defendants claimed a loan I made them allowed them access to $150,000.00 in escrow accounts.

I have no idea if they actually have money but they claimed (in letters and admissions deemed admitted) to have obtained access to these funds.

I did ask for punitive damages in my complaint but did not put an amount (per california law). I later sent them Notices about my right to seek punitive damages of $20,000,000.00. I based this on keeping it less than 15% of the amount they became enriched.

I was damaged for a little over $8000 for a loan to them and for $500,000.00 for a bonus I was to receive after they had access to the escrow accounts (all in a written agreement).

Since I now need to ask the court for a specific amount of punitive damages, how do I gauge this? It seems the Cal. supreme court has come up with a lot of varying opinions and I don't know how to argue it? I believe others were harmed but only have a reference to them (no names) in letters from the defendnants.

What formula do I use for punitive damages?


http://www.hartley.com/punispld.htm

I have no idea who these people are and I am not a California lawyer.

But it looked like an interesting place to start your research.
 

badapple40

Senior Member
There are also U.S. Supreme Court opinions on punitive damages, that indicate that there are factors that will be used to guage whether a particular punitive damage award violates due process. If I recall correctly, most punitive damage awards cannot be more than ten times compensatory damages.
 

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