Myers Building Industries, Ltd. v. Interface Technology, Inc.
Opinion
Opinion
Grignon, J.
Appellant Interface Technology, Inc. appeals from a judgment after a jury trial by which respondent Myers Building Industries, Limited was awarded $1.1 million in punitive damages and $350,000 in attorney fees on Myers’s cross-complaint against Interface. Those awards were made in connection with a special jury verdict which found that Interface had breached its contract with Myers, causing Myers $279,126 in net compensatory damages. The jury also found, by special verdict, that there had been “oppression, fraud or malice in the conduct of Interface toward Myers.” Interface contends the punitive damage award is excessive as a matter of law and the result of judicial misconduct, and the attorney fee award is not authorized by statute or contract. We conclude the punitive damage award must be stricken because it is not based on a tort verdict. We conclude further the attorney fee award must be stricken because it is not authorized by contract or the provisions of Civil Code section 1717. We modify the judgment by striking the awards of punitive damages and attorney fees. As modified, we affirm the judgment.