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HOLDGRAFER v. UNOCAL CORP.

No. B175953.

73 Cal.Rptr.3d 216 (2008)

160 Cal.App.4th 907

Garry N. HOLDGRAFER et al., Plaintiffs and Appellants, v. UNOCAL CORP., et al., Defendants and Appellants.

Court of Appeal of California, Second District, Division Six.

March 4, 2008.

Attorney(s) appearing for the Case

Horvitz & Levy, Ellis J. Horvitz, David M. Axelrad, Jeremy B. Rosen, Encino;

Andre, Morris & Buttery, James C. Buttery, Santa Maria; Keesal, Young & Logan and Scott T. Pratt, Long Beach, for Appellants Unocal Corporation, Union Oil Company of California, Unocal California Pipeline Company, Unocal Pipeline Company and 76 Products Company.

Law Offices of Richard M. Pearl, Richard M. Pearl, Berkeley; Law Offices of Ilan Funke-Bilu and Ilan Funke-Bilu for Appellants Garry N. Holdgrafer, Evelyn L. Holdgrafer, Garry N. Holdgrafer II, Cindy Okerson, Holdgrafer & Associates and Holdgrafer & Okerson.

PERREN, J.

In deciding whether a punitive damages award violates the constitutional prohibition of arbitrary or grossly excessive punishment, the most important factor to be considered is the reprehensibility of the defendant's conduct.1 The United States Supreme Court has instructed courts undertaking this inquiry that "[a] defendant's dissimilar acts, independent from the acts upon which liability was premised, may not serve as the basis...

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