Legal Question in Insurance Law in California

Bad faith/punitive damages in small claims court

Can a person sue for bad faith and punitive damages in small claims court? If not, is it possible to effectively file and prosecute the case pro per in superior court?


Asked on 9/02/02, 12:51 pm

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: Bad faith/punitive damages in small claims court

Yes, but your damages are limited to $5,000.

And yes, you can file a superior court case in pro per.

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Answered on 9/09/02, 6:25 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Bad faith/punitive damages in small claims court

Yes you may sue in Small Claims and yes you may sue in Superior Court. But, considering the fact the almost any attorney will represent you based on a contingency, AND will advance the cost of litigation (which could be from several hundred to several thousand dollars) why in the world would you want to do this without a legal representation? If you were told by a competent attorney that your case is not good, I would understand that. If however, you want to do this on your own just to avoid paying the lawyer, get over it. This is neither the time nor the place to get greedy.

It is similar to entering a ring with a professional boxer who has no gloves and you've got your hands handcuffed. If you'd like a FREE consultation call me (323)782-0099. Otherwise, GOOD LUCK.

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Answered on 9/09/02, 9:58 pm


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