Punitive damages in small claims personal injury case

[tttt9erfan]

What is the name of your state (only U.S. law)? calif
i am suing an aquaintance who entered my house through an unlocked door, refused to leave and bit me. A severe bite that required an xray, tet shot and antibiotics after a call to 911. I did get a restraining order against this person and am suing in small claims. my damages amount to a couple of hundred dollars. can i sue or ask for punitive damages in this case?
my court case is tomorrow so time is of the essence. thank you.

 

[dcatz]

Probably not. The answer is not based on the fact that you can’t sue for punitive damages in SC; you can, ‘tho the instances may be more limited than in higher courts. However, if your case is today and you’re asking the question, you very probably didn’t give notice of an intention to seek those damages. You’re limited to the damages stated in your claim. Your alternative is to ask for a continuance to amend your claim, re-serve and come back another day or dismiss your claim without prejudice and start anew. Knowing the difficulty of the showing that you would have to make to get punitives, I expect that the court would be reluctant to continue and would make you start again.

In general, you can recover punitive and actual damages in an action for the breach of an obligation not arising out of contract, if you can show by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice. That’s not going to be easy in SC, in the event that you think about starting again.