4
in default for non-appearance at trial and the Sitaram Trust ratified and approved the
malicious, fraudulent and oppressive conduct of defendant Singh.” 4
The statement of decision then provides “this court must consider the net worth of
the defendants in assessing an appropriate punitive damage award. Accordingly, Raj
Singh, Kiran Rawat and the Sitaram Trust are ordered to appear and present evidence of
(1) profits gained from the rental of the premises to Fernandes; 2) their financial
condition, to include evidence of income, assets, liabilities and net worth. Failure to
comply with this order will be deemed a waiver of the right to contest the amount of
punitive damages thereafter awarded.” (Italics added.) All parties were ordered to
appear at a hearing on April 3, 2015.
Punitive Damages Hearing
At the April 3, 2015 hearing on punitive damages, Rawat did not appear. Singh
had filed a “reply” to the statement of decision, but it did not explain his financial
condition or list his properties; instead it objected that it was a plaintiff’s burden to prove
financial condition. Singh also claimed he had suffered financial harm and was entitled
to damages of over $200,000, as well as sanctions of $1,000,000.
Counsel for Fernandes filed a declaration in support of punitive damages, detailing
his search of property records, showing the Trust held property in the Sacramento area of
a total sale value of over $341,000, and Rawat held property of a total sale value of over
$1,383,000, but that it was impossible to ascertain Singh’s own holdings, due to his
common name. This declaration was not rebutted.
At the hearing, the trial court asked Singh if he would produce his financial
information, and Singh declined, claiming there were “lawsuits pending with IRS” and