under Section 3294. See, e.g., Mantic Ashanti’s Cause v. Godfather’s Pizza, No. 98-CV-2264 W, 1999 U.S. Dist. LEXIS 16675, at *18-19 (S.D. Cal. June 1, 1999) (“[C]onclusory assertions that the defendants acted with ‘malice’ or with ‘conscious disregard’ for plaintiffs rights are facially sufficient under federal pleading requirements and adequate to state a claim for punitive damages under Section 3294.”); Jackson v. East Bay Hosp., 980 F.Supp. 1341, 1353-54 (N.D.Cal.1997) (“[DJespite section 3294’s specific requirement that a pleading allege oppression, fraud, or malice, these ‘may be averred generally.’ ”) (quoting Fed.R.Civ.P. 9(b)); Bure v. Lohrey Enters., 984 F.2d 1015, 1018 (9th Cir.1993); see also Primerica Fin. Servs., Inc. v. Mitchell, 48 F.Supp.2d 1363, 1371 (S.D.Fla.1999) (<HOLDING>); 5 Charles Alan Wright & Arthur R. Miller,
holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim holding that federal courts could not impose heightened pleading requirement in civil rights cases alleging municipal liability because such requirement conflicted with rule 8 holding that district court could not apply florida statute requiring heightened pleading for punitive damages because statute conflicted with lenient requirements of rules 8 and 9b holding that the federal false claims act is an antifraud statute to which rule 9bs heightened pleading requirements apply holding that heightened pleading standards of fed rcivp 9b apply to fraud elements of rico claim