Legal Question in Civil Litigation in California
Can I sue for Punitive Damages in Small Claims Court?
Just over a year ago my ex became angry and slammed his fist in to the roof of my car. It left a dent so I got an estimate for repairs. The ex ignored my requests for payments to settle. After a year I filed Small Claims. He phoned me on 6/1 offering to ''Split the difference with me, better to take 1/2 than risk getting nothing at all in Court.'' On the Court date, 6/28 he doesn't show and I got the judgment. Then he files a Motion to Vacate, claiming he had never been served & the damages were nonexistent. Both untrue.
This morning in Court, accomplished liar that he is, made the judge questionable about the service. He also expended a great deal of effort trashing me as he also does quite often. A new Court date is set for 7/30. I obtained a new estimate from another Company a few days ago. The old estimate is over a year old. The new estimate is for more, plus I want to add costs for a rental car while mine is being repaired. I know I can have my claim ammended which I plan to do but I am so angry that the ex gets away with so much with his convincing lies I think he should learn a lesson from this to quit lying to the Court. Can I add punitive damages to my Small Claims ammendment?
3 Answers from Attorneys
Small Claims
The constitution requires notice in legal proceedings. Your ex-boyfriend is exercising his constiutional right to due process. The courts are very stern with the notice requirment.
As Mr. Brovos explains, there are limits to the jurisdiction of a small claims court, usually $5000. It would almost be unproductive to seek such a claim in small claims. If my understanding is correct, the claim has now become a breach of contract, for which punitive damages are not allowed. I would try for something like intentional infliction of emotional distress in superior court, for which you could seek punitive damages.
Additionally, you might seek criminal charges if the statutes have not run. Call the district attorneys office if you want to file criminal charges.
Re: Can I sue for Punitive Damages in Small Claims Court?
Yes
Re: Can I sue for Punitive Damages in Small Claims Court?
You may have a problem collecting an obstinate defendent, and perhaps statute of limitatioins problem if the incident happened over a year ago and he is successful in his assertion that he was never served. If he is a persuasive talker, yo may do well obtaining representation and taking him to SUperior Court.
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