BILL NUMBER: AB 556	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 16, 2011

   An act to add Section 3294.5 to the Civil Code, relating to
punitive damages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 556, as introduced, Wagner. Punitive damages.
    Existing law authorizes the plaintiff, 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, to recover damages for the sake of
example and by way of punishing the defendant in addition to the
actual damages.
   This bill would, in any action commenced on or after July 1, 2012,
in which exemplary damages are recoverable pursuant to these
provisions, require the trier of fact to determine whether the
defendant is liable for exemplary damages, and require the trial
court to determine the amount of the award and enter an order setting
forth the amount of the award and the reasons supporting the award.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3294.5 is added to the Civil Code, to read:
   3294.5.  (a) In any action in which exemplary damages are
recoverable pursuant to Section 3294, both of the following shall
apply:
   (1) The trier of fact shall determine whether the defendant is
liable for exemplary damages.
   (2) The trial court shall determine the amount of the award and
enter an order setting forth the amount of the award and the reasons
supporting the award.
   (b) This section shall apply to an action commenced on or after
July 1, 2012.