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Third District C.A. Judge Dissents From Order to Publish Opinion
By a MetNews Staff Writer
The Third District Court of Appeal yesterday ordered publication of a May 13 opinion which wipes out a $230,400 award of punitive damages, with one justice taking the rare action of dissenting from the certification.
Justice Harry E. Hull Jr wrote the opinion which holds:
“The punitive damages award here cannot stand because there is insufficient evidence of appellant’s financial condition to support it, and what little evidence was provided regarding his financial condition suggests the award was excessive.”
It’s the plaintiff’s duty to put forth such evidence, Hull said, and where the plaintiff fails to do so, there’s no second chance on remand; the award is stricken.
Losing the punitive damages are six Doe plaintiffs who sued for invasion of privacy and infliction of emotional distress, as well as other causes of action.
The defendant/appellant, Andrew Kam Lee, requested an order for publication—although it reflects the award of compensatory damages against him of about $800,000 and recites the plaintiffs’ contention, as recited by Hull, that his conduct “demonstrated a high degree of reprehensibility.”
Lee argued on appeal that El Dorado Superior Court Judge Dylan Sullivan based the punitive-damage award solely on the estimated value of his one-sixth interest in a limited liability corporation which held real property, protesting:
“The trial court did not, however, make any finding concerning Appellant’s net worth; financial condition, including liabilities like the $824,758 compensatory damage award; or ownership of other assets….In fact, Respondents did not present any evidence relating to Appellant’s overall financial condition or ownership of any other assets.”
Acting Presiding Justice Coleman Blease concurred in the May 13 opinion, and Justice Andrea L. Hoch concurred in the result, only.
In yesterday’s order certifying the opinion for publication in the Official Reports, Hoch indicated, “I would deny the request to publish.”
The case is Doe v. Lee, C092065.
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