Unpublished Disposition, 930 F.2d 920 (9th Cir. 1991)

Fusako TOYOJI, Plaintiff-Appellee,v.George KARADANIS, Robert M. Maloff, the Sundowner Hotel andCasino, a Nevada partnership, dba the SundownerHotel and Casino, Reno, Nevada,Defendants-Appellants.

No. 89-16233.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 11, 1991.Decided April 15, 1991.

Before D.W. NELSON, KOZINSKI and THOMAS G. NELSON, Circuit Judges.

MEMORANDUM^* 

After a careful review of the record, we conclude that the jury's award of punitive damages is not supported by the evidence. The record reflects that defendant has significantly upgraded its security system since 1986, RT 716, by hiring additional security staff, RT 518-19, increasing the number of security guards on patrol and equipping them with radios, RT 730, and installing security hardware, RT 722-25. The record does not support a finding by clear and convincing evidence of malice or oppression. Defendants' conduct did not manifest the "conscious disregard for the rights or safety of others," required for a finding of malice, Jury Inst. No. 22, ER 18, nor did it subject plaintiff to the "cruel and unjust hardship" required for oppression, id. Thus, the district court erred in sending the punitive damages issue to the jury. On remand, the district court shall vacate the portion of the judgment reflecting the punitive damages award.

REVERSED and REMANDED.