Weiss

Weiss appeals from an order, dated March 11, 1975 (signed Mar. 19, 1975, and filed Mar. 20, 1975), setting aside two amended supplementary judgments awarding him punitive damages in his action against Blumencranc, his former partner, for dissolution and an accounting. Both of the judgments set aside supplemented a default judgment dated October 20, 1972, against Blumencranc that had deferred the question of punitive damages until after the completion of the accounting. The main question on appeal is one of first impression, namely, whether pursuant to Civil Code section 3294, a prayer for compensatory damages is a prerequisite for an award of punitive damages. For the reasons set forth below, we have concluded that the statute does not require a prayer for compensatory damages when punitive damages are pled and proved. Accordingly, the court below abused its discretion in setting aside the two amended judgments, and its order of March 11, 1975, must be reversed.

The basic facts are not in dispute. Weiss and his brother-in-law Blumencranc entered into an oral partnership agreement to purchase and manage Posman’s Bakery in San Francisco from December 1971 to April 1972. On…