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KELLY v. HAAG

No. D047231.

52 Cal.Rptr.3d 126 (2006)

145 Cal.App.4th 910

Michael R. KELLY, Plaintiff and Respondent, v. Jeffrey L. HAAG, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division One.

November 22, 2006.

Attorney(s) appearing for the Case

Christopher H. Findley, Luce, Forward, Hamilton & Scripps, San Diego, CA, for Plaintiff and Respondent.

Michael G. York, Newport Beach, CA, for Defendant and Appellant.

MeCONNELL, P.J.

In this fraud case, the issue on appeal is whether substantial evidence supports the trial court's assessment of $75,000 in punitive damages against defendant Jeffrey L. Haag. We conclude the evidence does not support the award, and thus we reverse the judgment in part. We reject plaintiff Michael R. Kelly's assertion he is entitled to a retrial on punitive damages.

BACKGROUND

The underlying facts are undisputed. Haag and Kelly were...

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