Mother Cobb's Chicken T., Inc. v. Fox

In Mother Cobb's Chicken T., Inc. v. Fox (1937) 10 Cal.2d 203, the Supreme Court stated: "'"The foundation for the recovery of punitive or exemplary damages rests upon the fact that substantial damages have been sustained by the plaintiff. Punitive damages are not given as a matter of right, nor can they be made the basis of recovery independent of a showing which would entitle the plaintiff to an award of actual damages. Actual damages must be found as a predicate for exemplary damages." . . . . . . [T]he rule applicable is, as declared frequently, that punitive damages are never more than an incident to a cause of action for actual damages. . . . Evil thoughts or acts, barren of result, are not the subject of exemplary damages.' (Id. at pp. 205-206.)