California | Civil Litigation
Legal Question
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?
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