Personalized Workout of La Jolla v. Ravet
Defendant Gary Ravet appeals from a judgment in favor of plaintiffs Personalized Workout of La Jolla, Inc. (PWL) and Nathan Poole on plaintiffs' malicious prosecution action arising from Ravet's underlying lawsuit involving a dispute over health club membership fees. The jury in the malicious prosecution action returned a special verdict awarding PWL and Poole $74,047.59 in compensatory damages and, later, $5 million in punitive damages on a finding that Ravet acted with malice, fraud or oppression. On Ravet's motion for judgment notwithstanding the verdict (JNOV), the trial court reduced the punitive damages award to $296,190.36. On appeal, Ravet contends (1) his voluntary dismissal of the underlying lawsuit as well as PWL's lack of standing prevents a finding of favorable termination for purposes of a malicious prosecution action and (2) plaintiffs did not meet their burden to present evidence of his positive net worth or ability to pay a punitive damages award. He contends that if this court reinstates the first judgment including the $5 million punitive damages award, we should order a new trial as to the award on grounds it is excessive as a matter of law.
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