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2939 In an action in which plaintiff is seeking punitive damages, if a jury, without being instructed on the clear and convincing evidence standard and without a request for such instruction having been made, finds defendant's conduct to be fraudulent, a trial court is correct in denying a request to move on to a second phase of trial for the jury determine an amount of punitive damages to be awarded.CitationWESTREC v JARDINE (Marina Insurance) 85 CA4 1042 [See: CivC 3295; Devers v Greenwood 139 CA2 345; Heller v Pillsbury 50 CA4 1367, T/AT 12/96]
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