No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive or exemplary damages to be filed. The court may allow the filing of an amended pleading claiming punitive or exemplary damages on a motion by the party seeking the amended pleading and upon a finding, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established evidence which substantiates that plaintiff will meet the clear and convincing standard of proof under Section 3294 of the Civil Code. Nothing in this section is intended to affect the plaintiff's right to discover evidence on the issue of punitive or exemplary damages.
§ 425.14.Claim For Punitive Damages In Action Against Religious Corporation Or Religious Corporation Sole
Title 6. Of the Pleadings In Civil Actions · Chapter 2. Pleadings Demanding Relief · Article 1. General Provisions · Enacted 1988 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 425.14 bars a punitive or exemplary damages claim against a religious corporation or religious corporation sole unless the plaintiff first obtains a court order allowing an amended pleading, based on evidence substantiating that the clear and convincing standard under Civil Code § 3294 will be met.
Full Text of § 425.14
Plain-English Summary
Section 425.14 applies the same gatekeeping structure as § 425.13, this time to religious corporations and religious corporations sole. No complaint or other pleading may include a punitive or exemplary damages claim against such an entity unless the court has first entered an order allowing an amended pleading that adds it.
The plaintiff obtains that order by motion, supported by affidavits, and the court's finding has to rest on evidence substantiating that the plaintiff will meet the clear and convincing standard of proof that Civil Code § 3294 sets for punitive damages generally. That standard is higher than the “substantial probability of prevailing” language used in § 425.13's parallel health care provider gate, reflecting the clear-and-convincing burden punitive damages claims already carry.
The section closes with a preservation clause: nothing in it limits the plaintiff's right to discover evidence on the punitive damages issue. The screening applies to what can be pleaded, not to what a plaintiff may investigate through discovery.
Frequently Asked Questions
Can a plaintiff include a punitive damages claim against a church in the original complaint?
No. Section 425.14 bars including a punitive or exemplary damages claim against a religious corporation or religious corporation sole in a complaint or other pleading unless the court has first entered an order allowing an amended pleading with that claim.
What standard must a plaintiff meet to add this kind of claim?
Section 425.14 requires evidence substantiating that the plaintiff will meet the clear and convincing standard of proof under Civil Code § 3294, based on supporting and opposing affidavits.
Does § 425.14 stop a plaintiff from taking discovery on punitive damages?
No. Section 425.14 expressly states that nothing in it affects the plaintiff's right to discover evidence on the issue of punitive or exemplary damages.
Amendment History
Added by Stats. 1988, Ch. 1410, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: punitive damages religious corporation californiapunitive damages against a church california