Colo. Rev. Stat. § 13-21-102

A plaintiff may amend a pleading to add an exemplary damages claim after establishing prima facie proof of a triable issue.

Lozano v. Kelly · filed 2021-09-24(1.5)(a)

As such, the Court finds that Plaintiffs have established a prima facie claim for exemplary damages, satisfying Colo. Rev. Stat. § 13-21-102(1.5)(a).

Section 13-21-102(1.5)(a) permits a plaintiff to add an exemplary damages claim by amendment upon prima facie proof of a triable issue.

Enriquez-Chavez v. Dillon Companies, LLC · filed 2022-10-07(1.5)(a)

As such, the Court finds that Plaintiff has established a prima facie claim for exemplary damages, satisfying Colo. Rev. Stat. § 13-21-102(1.5)(a).

Section 13-21-102(1.5)(a) requires a plaintiff to wait until the case develops before amending the complaint to add a claim for exemplary damages.

Gould v. Union Pacific Railroad Company · filed 2021-09-27(1.5)(a)

As the magistrate judge correctly concluded, a plaintiff is not entitled to add a claim for exemplary damages in her complaint; she must wait until the case develops.

Section 13-21-102 bars a plaintiff from including exemplary damages in the original complaint and allows a later amendment when the plaintiff shows a reasonable likelihood that the issue will reach the jury.

Moreau v. United States Olympic & Paralympic Committee · filed 2022-08-19(1)

Magistrate Judge Hegarty cited, and correctly applied, the relevant legal standard. He first correctly noted that motions to amend are freely granted when justice requires. He then found that standard satisfied, as Colorado state law precludes a plaintiff from including a claim for exemplary damages in the original complaint. Colo. Rev. Stat. § 13-21-102(1). He then found that Plaintiff had established a reasonable likelihood that the issue of exemplary damages would be submitted to the jury.

Section 13-21-102(1.5)(a) permits a party to add an exemplary damages claim after initial disclosures if the party establishes prima facie proof of a triable issue.

Scheeler v. Canopy Holdings, LLC · filed 2023-06-05(1.5)(a)

Under Colorado law, Colo. Rev. Stat. § 13-21-102(1.5)(a) prohibits parties from including a claim for exemplary damages in an initial claim for relief. The statute requires that such claim may be added by amendment to the pleadings only after the exchange of initial disclosures, and only if the party “establishes prima facie proof of a triable issue.” ... For these reasons, and given the low threshold for amending to add a claim for exemplary damages under Colorado law, the Defendant/Counterclaim Plaintiffs’ claim for exemplary damages will be allowed.

A plaintiff may amend a complaint to seek exemplary damages after initial disclosures upon prima facie proof of a triable issue of willful and wanton conduct.

Brodie v. Runyon · filed 2023-06-06(1.5)(a)

In conclusion, the Court finds that Plaintiff pleads sufficient facts to make a prima facie showing of willful and wanton conduct by Defendant which supports her claim for exemplary damages. Accordingly, the Motion [#20] is granted.

Section 13-21-102(1.5)(a) allows a plaintiff to amend a complaint to seek exemplary damages upon a prima facie showing of willful or wanton conduct.

Coomer v. Lindell · filed 2023-07-07(1.5)(a)

To determine whether Dr. Coomer should be permitted to amend his First Amended Complaint to include a demand for exemplary damages, the Court must consider whether the proposed Second Amended Complaint includes sufficient facts, taken as true, to establish a prima facie showing that Defendants acted willfully and/or wantonly.

A plaintiff may amend a complaint to request exemplary damages after making a prima facie showing of a triable issue of willful and wanton conduct.

Estate of Kelroy Newman v. Board of County Commissioners of the County of Montezuma, Colorado · filed 2023-11-30(1.5)(a)

For reasons already discussed, Plaintiffs have met their burden of establishing a prima facie case of willful and wanton conduct for purposes of adding a punitive damages remedy.

Section 13-21-102(1.5)(a) permits a plaintiff to amend a complaint to seek exemplary damages upon prima facie proof of a triable issue of malice or willful and wanton conduct.

Thomas v. Ackermann · filed 2024-01-10(1.5)(a)

The court finds that Ms. Thomas has met her prima facie burden of establishing a triable issue as to whether Mr. Ackermann acted with malice or engaged in willful or wanton conduct, and therefore her Motion to Amend should be granted.

Section 13-21-102(1.5)(a) requires a prima facie showing before a plaintiff may amend a complaint to seek exemplary damages.

Trujillo v. Moore Brothers, Inc. · filed 2024-01-31(1.5)(a)

In the Recommendation, the magistrate judge first considered whether Plaintiffs had offered evidence to establish a prima facie case allowing them to bring claims for exemplary damages under Colorado law. See Colo. Rev. Stat. § 13-21-102(1.5)(a). ... Therefore, on the current record, the magistrate judge recommended that the request to add claims for exemplary damages be denied without prejudice. ... The Court discerns no error on the face of the record and agrees with the magistrate Judge’s analysis of the issues presented in Plaintiffs’ Motion. Therefore, the Court ACCEPTS the Recommendation (ECF No. 70), and Plaintiffs’ Motion (ECF No. 52) is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART, as stated in this Order and Recommendation.

Section 13-21-102 permits a plaintiff to add a request for exemplary damages by amendment after establishing prima facie proof of a triable issue.

Emil v. LM General Insurance Company · filed 2024-02-13(1.5)(a)

In particular, based substantially on the findings of this Court at the October 20 hearing, see ECF No. 60 at 2:15–6:6, as well as the facts contained in Mr. Emil’s motion, see ECF No. 65 at 2–8, the Court finds that Mr. Emil has set forth good cause for seeking to amend, and that his proffered evidence is sufficient to establish a triable issue on the propriety of exemplary damages.

Section 13-21-102(1.5)(a) permits a plaintiff to amend a complaint to seek exemplary damages upon prima facie proof of a triable issue of willful and wanton conduct.

Stanisavljevic v. Travelers Insurance Company · filed 2024-03-28(1.5)(a)

The court agrees with Ms. Stanisavljevic that her evidence with respect to the correspondence about the IME location, the FCE denial, the statements regarding Ms. Stanisavljevic undergoing treatment for MS, and the delayed disclosure of the nurse’s medical review of Ms. Stanisavljevic’s claims suffices as prima facie evidence of willful and wanton conduct under Colorado law.

Section 13-21-102(1.5)(a) allows a plaintiff to amend a complaint to seek exemplary damages after initial disclosures upon prima facie proof of a triable issue.

Stovall v. State Farm Mutual Automobile Insurance Company · filed 2024-07-17(1.5)(a)

The Court finds that Plaintiff has adequately established a prima facie case under § 13-21-102 for exemplary damages.

A plaintiff may amend a pleading to seek exemplary damages after initial disclosures by making a prima facie showing of a triable issue of willful and wanton conduct.

Uhl v. Progressive Direct Insurance Company · filed 2025-02-11(1.5)(a)

To that end, the Court finds that Plaintiff has met his burden to sufficiently identify facts that establish a prima facie case of willful and wanton conduct.

A plaintiff may amend a complaint to seek exemplary damages by making a prima facie showing through the motion and supporting evidence; the proposed amended complaint need not contain the supporting facts.

Shalz Construction LLC v. Great Lakes Insurance, S.E. · filed 2025-03-31(1.5)(a)

Under Colorado’s statute, a plaintiff is not entitled to request exemplary damages without making the necessary prima facie showing. The Court is unaware of any requirement that the showing be made via factual allegations in the proposed amended complaint. Here, Plaintiffs have made the necessary showing via the motion to amend and the attached evidentiary material.

Section 13-21-102(1.5)(a) bars an exemplary damages claim in the original complaint and permits a later amendment after initial disclosures and prima facie proof.

Egbert v. Griswold · filed 2025-07-21(1.5)(a)

Under Colo. Rev. Stat. § 13-21-102(1.5)(a), a party may not include a claim for exemplary damages in their original complaint.

Section 13-21-102 allows an exemplary damages claim to be added when the plaintiff presents sufficient evidence that fraud or willful and wanton conduct may be submitted to a jury.

Harris v. Stallings · filed 2025-07-24(1)(a)

Thus, the trial court should have granted Harris’s motion to amend the complaint to add exemplary damages claims against Stallings and the employers and to allow the jury to resolve the competing evidence and inferences therefrom.

Section 13-21-102(1.5)(a) sets no deadline for seeking to add an exemplary damages claim, but undue delay and prejudice can justify denying the request.

McKeon · filed 2026-05-03(1.5)(a)

The statute provides no deadline for amending a complaint to add a claim for exemplary damages. ... The Court denies the Motion, however, because of delay, demonstrable prejudice to Defendants, and Plaintiff’s failure to show amendment is necessary to prevent manifest injustice.

Section 13-21-102(1.5)(a)’s restriction on requesting exemplary damages in an initial pleading does not apply to a demand for treble damages under the CCPA.

1881 Extraction Company LLC v. Kiinja Corporation · filed 2023-03-09(1.5)(a)

Because the statutory directive that a request for exemplary damages cannot be included in an initial pleading applies only to civil actions governed by § 13-21-102, Plaintiff’s demand for treble damages under the CCPA need not be stricken under that statute.

Section 13-21-102(1.5)(a) bars a request for exemplary damages in an initial claim for relief.

Yousif v. Penkhus Motor Co. · filed 2025-09-15(1.5)(a)

Turning to Plaintiff’s request for exemplary damages, Defendants are correct that these damages may not be requested in the first instance because Colorado does not allow it. The Colorado statute is clear that “[a] claim for exemplary damages in an action governed by this section may not be included in any initial claim for relief.” Colo. Rev. Stat. § 13-21-102(1.5)(a) (emphasis added).

Section 13-21-102(1.5)(a) allows a plaintiff to amend a pleading to seek exemplary damages after initial disclosures if the plaintiff establishes prima facie proof of a triable issue.

Empire Staple Co. v. SouthernCarlson · filed 2025-12-19(1.5)(a)

To sum up, the plaintiff has met the requirements of Rules 15 and 16 and Colo. Rev. Stat. § 13-21-102. As a result, it will be allowed to amend to add a claim for exemplary damages.

Section 13-21-102(1.5)(a) bars an exemplary damages request in the initial pleading and requires a motion to amend after initial disclosures, supported by prima facie proof of a triable issue.

Homeowners Association of Players Club Villas Townhomes, Inc., The v. QBE Insurance Corporation · filed 2025-03-21(1.5)(a)

Given that QBE challenges PCV’s request for punitive damages as procedurally infirm, and in the absence of any counterarguments from PCV with respect to these procedural infirmities, the Court finds that PCV’s unexplained failure to adhere to Colorado’s exemplary damages statute entitles QBE to summary judgment on the issue of punitive damages.

In federal court, Rule 15 governs requests to amend a complaint to seek exemplary damages instead of subsection (1.5)(a)’s timing and prima facie proof requirements.

McCormick · filed 2026-05-04(1.5)(a)

Rule 15, not Colo. Rev. Stat. § 13-21-102(1.5)(a), governs this motion.

Section 13-21-102 allows a plaintiff to add a request for exemplary damages after making a prima facie showing of fraud, malice, or willful and wanton conduct.

Apartment Income REIT Corp. v. Certain Underwriters at Lloyds London Subscribing to Policy No.… · filed 2026-04-29(1)(a)

To assert a claim for exemplary damages pursuant to § 13-21-102, the pleader must establish prime facie proof of fraud, malice, or willful and wanton conduct.

Section 13-21-102 determines damages available to a successful plaintiff but does not create a cause of action.

Phan v. Hammersmith Management, Inc. · filed 2019-07-16

So far as “Colorado Torts” is concerned, the magistrate judge noted that the amended complaint refers to C.R.S. § 13-21-102 and 102.5. ... However, those statutes do not provide a cause of action; they determine damages available to a successful plaintiff. ... First, I agree entirely with the recommendation of Magistrate Judge Hegarty.

Section 13-21-102(1)(a) does not allow exemplary damages for a claim based on unreasonable delay or denial of insurance benefits.

Residences at Olde Town Square Association v. Travelers Casualty Insurance Company of America · filed 2019-09-12(1)(a)

Faced with these two statutes, the Court predicts that the Colorado Supreme Court would hold that a claim premised on recovering “reasonable attorney fees and court costs and two times the covered benefit,” id. § 10-3-1116(1), is not a claim for “a wrong done to the person or to personal or real property,” id. § 13-21-102(1)(a).

Section 13-21-102 does not allow exemplary damages in actions in equity.

Kaitz v. District Court, Second Judicial District · filed 1982-09-07

In interpreting this statute, we have held that punitive damages are not recoverable in actions in equity.