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When are punitive damages available in California?

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The right to a punitive damages award in California is statutory. California Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice. But it isn’t so easy to arrive at the awards stage …

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What is a partition action in California?

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In California, a partition action occurs when one co-owner of real property wants to sell but remaining owners do not. Under California law, a cause of action for partition is governed by the requirements of CALIFORNIA LAW CIVIL PROCEDURE CODE SECTION 872.230, which provides, in pertinent part: The Complaint shall set forth: (a) a description …

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