Baker v. Castaldi
Annotate this CasePlaintiff sued the Castaldis for stealing antiques he owned. The first phase of trial dealt with liability, compensatory damages and whether plaintiff was entitled to punitive damages. The second phase dealt with the calculation of the punitive damages. After the first phase completed, the court found both defendants jointly and severally liable for conversion. Months before the punitive damages phase began, a document entitled “judgment” was filed, setting forth $610,500 in compensatory damages plus interest and costs. The “judgment” went on to state that the court “finds by a preponderance of the evidence that both defendants Alfonse Castaldi and Theresa Castaldi have acted with malice and with oppression toward plaintiff Ken Baker warranting an award of punitive damages to be assessed at a separate trial.…” Several notices of appeal were filed. The court of appeal dismissed: the “judgment” was not a final, appealable judgment. The court acknowledged the apparent “harsh” result that defendants are prevented from obtaining review of several unusual orders now and possibly ever.
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