OLSON v. SOUTHERN CALIFORNIA,
Filed 4/21/06; partial pub. & mod. order 5/16/06 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
| CARL OLSON et al., Plaintiffs and Appellants, v. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, Defendant and Appellant. | B168730 (Los Angeles County Super. Ct. No. BC244326) |
APPEAL from a judgment of the Superior Court of Los Angeles County.
James R. Dunn, Judge. Modified and affirmed.
Law Office of Thomas K. Bourke, Thomas K. Bourke, Rizwan R. Ramji for Plaintiffs and Appellants.
Morrison & Foerster, Charles E. Patterson, John Sobieski, Howard B. Soloway, Phillip Bronson for Defendant and Appellant.
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Continued from Part II ……..
The contention that the trial court erred in striking the $10,000 compensatory damage claim and the punitive damage claim is also unavailing. We acknowledge that proxy expenses are logical damages (Haas v. Wieboldt Stores, Inc. (7th Cir. 1984) 725 F.2d 71, 73-74) and that punitive damages are recoverable (see Courtesy Ambulance Service v. Superior Court (1992) 8 Cal.App.4th 1504, 1519). However, Olson and Seidenberg have not challenged the finding that the changes ordered by the court would not have affected the outcome of the 2001 election. Absent any causation, the compensatory damage claim was properly stricken. As to punitive damages, Olson and Seidenberg have simply failed to argue the requisite elements necessary to establish an exemplary damages claim. (See Civ. Code, § 3294.)
Also without merit is the contention that the trial court erroneously denied certain discovery on constitutional grounds when only statutory privileges are recognized. Although California accepts only â€
