Legal Question in Civil Litigation in California

Re: Suing in Small Claims Court

If I was suing someone in small claims court, and thought I was entitled to pain and suffering. I'd ask for it and let the judge decide. Small claims court is a court based upon the same legal principles that govern trial courts. The measure of the recovery by the damaged party is set forth in the State Codes. And a breach of a contract for bailment for example sets forth that the damaged party can recover 'for all their damages or losses.' By case law interpreting this particular statue. This has included damages for emotional distress. Normally damages for breach of contract doesn't include damage for emotional distress. Normally recovery for emotional distress is an element of damages in some sort of tort action i. e. negligent or intentional wrong. However, most people claim emotional distress, and have no proof other than their testimony. There's no doctor or other bills by any medical provider to show that any treatment was sought and/or medication was prescribed.

Re: Suing in Small Claims Court

yes . . . but you cannot have an attorney with you and you are limited in the dollar amount to the small claims jurisdictional limits . . .