DRAFT FOR ATTORNEY REVIEW — NOT FINAL

section 1942

Citation
section 1942
Parent Document
Rich v. Schwab, 63 Cal. App. 4th 803 (1998)
Jurisdiction
California (state)
Effective Date
1998-04-30
Original Source
https://www.courtlistener.com/opinion/2252453/rich-v-schwab/ ↗

Other Sections in This Document (80)

Full Text

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such damages are to be awarded, if they are granted the amount is fixed by statute. Statutory damages may either take the form of penalties, which impose damages in an arbitrary sum, regardless of actual damages suffered or, as in the instant case, may provide for the doubling or trebling of the actual damages as determined by the judge or jury. [Citation.] Thus, while both exemplary damages and statutory damages serve to motivate compliance with the law and punish wrongdoers, they are distinct legal concepts, one of which is entrusted to the factfinder, the other to the Legislature.” (Beeman, supra, 216 Cal.App.3d at pp. 1597-1598; see also People v. Morse