Legal Question in Consumer Law in California

Small claims court - punitive damages???

Early in 2005 California Insurance Commissioner John Garamendi ordered several Title Insurance Companies to refund to certain homeowners overpayment of title insurance charges. One of the companies is Fidelity Title. I have written confirmation dating back to the middle of last year from Fidelity that payment would be forthcoming. I have several other emails from Fidelity confirming that payment would be sent. However, I have not received payment...just lip-service. I plan to take Fidelity to small claims court for the $285.00 due me. MAY I ALSO REQUEST PUNITIVE DAMAGES? Thank you in advance.


Asked on 10/02/06, 7:34 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Small claims court - punitive damages???

You can theoretically recover punitive damages in small claims court. But I've been an attorney sinc3 and I have yet to hear of a case where a judge actually awarded punitive damages in a small claims matter. You might consider filing a complaint with the Department of Insurance.

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Answered on 10/02/06, 7:42 pm


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