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involved repeated actions or was an isolated incident; and [5] the harm was the result of
intentional malice, trickery, or deceit, or mere accident.’ ” (Roby v. McKesson Corp.
(2009) 47 Cal.4th 686, 713.)
In this case, all five factors are present, even without considering all prior actions
by the defendants. After Fernandes returned home from working a graveyard shift as a
Denny’s waitress--and without any prior notice due to the fraudulent proof of service--
she found herself without a home or her necessary property, such as food and clothing.
This caused her emotional distress, not merely economic harm. She struggled to keep her
job after the fraudulent eviction and had to stay with friends, showing she could not
financially absorb the blow defendants inflicted. The conduct was repeated, in that this
was the third baseless attempt to evict Fernandes; it was no accident, but was part of a
vicious campaign to stop her from seeking habitable housing. Defendants showed no
remorse, inasmuch as they took no steps to remedy the substandard conditions, as
reported by the subsequent tenants. (See Lopez v. Watchtower Bible & Tract Society of
New York, Inc. (2016) 246 Cal.App.4th 566, 592-593 [proof of a pattern of misconduct
would be relevant to show a defendant acted with willful and conscious disregard].)
In short, the trial court found sufficient facts meriting punitive damages.7
Pointing to a general rule regarding punitive damages, that it is a plaintiff’s burden
to prove a defendant’s financial condition (see Adams v. Murakami (1991) 54 Cal.3d 105,
108-109), Rawat faults the evidence of her financial condition because Fernandes’s
declaration about the “sale value” of the real property--which was unrebutted--was
insufficient. This argument overlooks the trial court’s discovery order compelling Rawat,