Legal Question in Civil Litigation in California
small claims consumer
i took y 2003 suzuke XL7 to a stereo dealer and had 4 speakers, amp, and deck instaled. they nuetered my factory wiring harness, voiding my warenty as it pertains to electrical.they cut my dash telling me that they were unable to find a dash kit. the carpit was never put back in place. the 4 speakers broke and they said that it was my fault and charged me to replace them. they stated that the revurbe that i was hearing was normal. i took my car to another dealer and had the rca wire replaced as that is what was causing the speakers to go bad. i spoke with them and they agreed to pay for the repaires but not damages. can i get punitive damages in this case.
3 Answers from Attorneys
Re: small claims consumer
You are confusing the "punitive" with "general" damages. Punitive damages are never awarded in breach of contract actions, minus few exceptions. Here, you had a contract for repairs and they failed to perform their end of the bargain. You also, have an action in tort, for negligence. Again, courts rarely award punitive damages in negligence actions. In order to get punitive damages you must allege and prove that the shop's actions were malicious, oppressive or fraudulent, (See California Civil Code �3294.)
Depending on the amount of damages, you may bring an action and ask to recovery your general damages, which should be adequate. Good luck.
Re: small claims consumer
Sue in small claims and ask for the punitive damages.
Re: small claims consumer
Probably not. It sounds like a negligence case, and punitive damages are hard to get when the wrongful conduct is unintentional.
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