Ask the Lawyer: What does it take to get punitive damages?

Q: In my business law class we are learning about punitive damages. Are they in addition to anything else awarded, or part of the same verdict?
-J.M., Torrance
Ron Sokol
A: California Civil Code Section 3294 sets the bases upon which punitive damages may be awarded. Proof must be shown – by clear and convincing evidence – that malice, oppression or fraud of an egregious nature was demonstrated. This is a more challenging burden than required in the main case, which is by preponderanc