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California Code Of Civil Procedure Section 425.14

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 425.14

No claim for punitive or exemplary damages against a
religious corporation or religious corporation sole shall be included
in a complaint or other pleading unless the court enters an order
allowing an amended pleading that includes a claim for punitive or
exemplary damages to be filed.  The court may allow the filing of an
amended pleading claiming punitive or exemplary damages on a motion
by the party seeking the amended pleading and upon a finding, on the
basis of the supporting and opposing affidavits presented, that the
plaintiff has established evidence which substantiates that plaintiff
will meet the clear and convincing standard of proof under Section
3294 of the Civil Code.
   Nothing in this section is intended to affect the plaintiff's
right to discover evidence on the issue of punitive or exemplary
damages.

Last modified: January 12, 2009