In Westrec Marina Management, Inc. v. Jardine Ins. Brokers Orange County, Inc. (2000) 85 Cal.App.4th 1042, the trial court granted the defendant's motion to bifurcate punitive damages pursuant to Civil Code section 3295, subdivision (d). After the jury entered a verdict finding the defendant breached a fiduciary duty, but did not commit fraud, the plaintiffs asked the court to proceed to the second phase of trial for a determination of the amount of punitive damages based on breach of fiduciary duty. The trial court refused to try the punitive damages claim on the ground the plaintiffs failed to request instruction or prove by clear and convincing evidence oppression, fraud, or malice under Civil Code section 3294, subdivision (a). The Westrec court concluded, "Because plaintiffs failed to ask the court to have the jury make the requisite findings, the court acted properly in refusing a trial on punitive damages." (Westrec Marina Management, Inc. v. Jardine Ins. Brokers Orange County, Inc., supra, 85 Cal.App.4th at page 1050.)