Legal Question in Civil Rights Law in California

small claims court and types of damages allowed: housing discrimination

I was the victum of housing discrimination, after paying a pricey rent.

The Calif. housing discrimination law provides for punitive damages and emotional distress.

Can I recover these types of damages in small claims court-up to the small claims limit allowed?


Asked on 12/03/08, 5:25 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: small claims court and types of damages allowed: housing discrimination

No. If you have a claim with demonstrable merit, value and collectibility, you may timely file in Superior Court. Before you can do so, you must first timely file a claim/complaint with DFEH and receive a Case Closure / Right To Sue letter. You have at most one year to do so.

If you think your case meets all those requirements, feel free to contact me to discuss your rights and reasonablly expected remedies; generally emotional distress and punitive damages are not part of that, but an award for general damages includes essentially the 'punishment' you're seeking against them.

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Answered on 12/03/08, 5:50 pm


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