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3723 REVIEW GRANTED In an action for fraudulently inducing plaintiff to enter into a real estate purchase contract, a court considering the constitutionality of the amount of punitive damages awarded should compare it not to the out-of-pocket loss, which is the measure of recoverable damages under California law, but to the actual loss, which may include benefit of the bargain and lost opportunity damage.CitationSIMON v SAN PAOLO US HOLDING CO (Out of Pocket Comparison) 113 CA4 1137 [See: San Paolo v Simon, 123 SCt 1828; BMW v Gore 517 US 559; State Farm v Campbell 123 SCt 1513, T/AT 7/03; Kenly v Ukegawa 16 CA4 49, T/AT 8/93]
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