Almonor v. Bankatlantic Bancorp, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that in diversity jurisdiction cases, Cal. Civ. Code '§ 3294 provides the governing substantive law for punitive damages, but that the Federal Rules of Civil Procedure provide the pleading standard for cases in federal courts
• finding that punitive 7 || damages may be alleged generally under Rule 9(b)
• taking judicial notice of recorded deed of 13 trust, recorded assignments of deed of trust, recorded notice of default, and recorded notice of 14 trustee’s sale
• denying motion to strike because 21 “Defendants’ first argument—that [p]laintiffs cannot recover punitive damages as a matter of 22 law—fails because it is expressly precluded by the Ninth Circuit’s holding in Whittlestone, Inc. v. 23 Handi–Craft Co.”
• plaintiffs 27 need not plead “any particularity in connection with an averment of intent, knowledge or condition of the mind.”
• “[I]n federal court, a plaintiff may 24 include a ‘short and plain’ prayer for punitive damages that relies entirely on unsupported and 25 conclusory averments of malice or fraudulent intent.”

Source: CourtListener parenthetical corpus (CC0).