Devlin

Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc.

Good Law
155 Cal. App. 3d 381·1984 Cal. App. LEXIS 1992·202 Cal. Rptr. 204
Court of Appeal of CaliforniaMay 4, 1984Civ. No. 31540California4,013 words

Opinion

Lead Opinion

Wiener, J.

*384 Opinion

Defendant Kearny Mesa AMC/Jeep/Renault, Inc. (Kearny Mesa) appeals a second time from the judgment in favor of plaintiffs Frank L. and Helen B. Devlin (Devlins).

In its first appeal Kearny Mesa challenged the procedural aspects leading up to its default and a default judgment of $3,425.69 compensatory damages and $80,000 punitive damages. We rejected Kearny Mesa’s procedural arguments and affirmed the orders denying its motions to quash service of process and to set aside its default and default judgment. (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (June 22, 1983) 4 Civ. No. 26726 [unpub. opn.].) We affirmed the judgment with respect to Kearny Mesa’s liability for compensatory and punitive damages. We reduced the compensatory damages to $3,000 and, as modified, also affirmed that part of the judgment. We explained, however, although an award of punitive damages was warranted (see Neal v. Farmers Ins. Exchange (1978) 21 Cal.3d 910, 928 [ 148 Cal.Rptr. 389 , 582 P.2d 980 ]), the amount of that award was factually unsupported because there was no evidence of Kearny Mesa’s wealth. Accordingly, we reversed the judgment solely with respect to the amount of punitive…

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