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California Small Claims Court judge awarded punitive fraud damages. Can I take action?
A California law legal question: I was sued by a customer in CA small claims court. I did not defend myself vigorously when accused of misrepresentation because I was focused on refuting actual damages. The judge declared that the plaintiff failed to prove her case regarding actual damages, but awarded $2000 to the plaintiff for punitive damages for fraud. As a nearby attorney commented to me after, "I did not know they can do that in small claims." Is there any action I can take if a judge accidentally awards punitive damages in small claims?
5 Answers
- PooPooLaTrashLv 71 decade agoFavorite Answer
In the California Small Claims Court one can ask for or be awarded punitive damages
in addition to or apart from actual loss.
http://www2.courtinfo.ca.gov/protem/courses/sm_cla...
You could file a motion to set aside the judgment, but it might not be successful.
- 5 years ago
Where there is fraud, deceit, the Small Claims Court judge has the discretion but is not required to award punitive damages
- Anonymous1 decade ago
Judges can award punitive damages in SC court but it seldom happens. In a case of fraud, punitive damages are actually common.
You can appeal the decision but you may not introduce any new evidence or witnesses. The judge didn't accidentally award punitive damages laff, they thought you were so in the wrong, so intentional in your act, the prosecution deserved compensation as a result. You don't just get to pay back the money you frauded someone out of, naturally there's going to be a penalty to ensure it doesn't happen again, aka punitive damages (think of these as a ball of emotion that you've distrburbed).
- 5 years ago
Punitive damages are not something you can pursue in either small claims court, or in a contract dispute case (which this is). So no, you cannot try to claim punitive damages in this case.
