Dattilo v. McCartney
Plaintiff Bryan Dattilo appeals from the default judgment he obtained against defendant Brett McCartney in an action for battery and defamation. The trial court awarded Dattilo his prayer for compensatory damages in the amount of $292,667.51, but denied any award of punitive damages on the ground Dattilo failed to present evidence of McCartneys financial condition as required by Adams v. Murakami (1991) 54 Cal.3d 105 (Adams).
Dattilo argues Adams does not apply to a default judgment, because it was not possible for him to obtain discovery or proof of McCartneys financial condition. Dattilo further argues that evidence of a defendants financial condition is no longer required as a result of the Supreme Courts decision in State Farm Mutual Automobile Insurance Co. v. Campbell (2003) 538 U.S. 408 (State Farm), which indicated a defendants wealth is irrelevant to the issue of punitive damages.
Court conclude Adams continues to represent the state of California law and that proof of financial condition is required before punitive damages may be awarded, even in a default setting. The Supreme Courts decision in State Farm did not overrule Adams, as matters of entitlement to punitive damages remain an issue of state law. Court therefore affirm the judgment.
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