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Exemplary Damages: How Much

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YCntWeJstGtAlng

Junior Member
What is the name of your state? CALIFORNIA

In a case of Intentional Tort, General Negligence, and Malicious Property Damage and Property Obtained Through Fraudulent Means with damages totaling 7,500.00 (general)/2,000.00 (special damages)/500.00 (incidental)
what would be a reasonable amount of exemplary damages?
This case has required a great deal of time, blood, sweat. & tears... The defendants are clearly guilty of malice and fraud.

I want to hurt them where it will be hardest felt (the wallet) but I also do not want to alienated the Judge by asking unreasonable sums of punitive. I would appreciate any experienced feedback!

ThanxWhat is the name of your state?
 


Litigation!

Senior Member
YCntWeJstGtAlng said:
What is the name of your state? CALIFORNIA

In a case of Intentional Tort, General Negligence, and Malicious Property Damage and Property Obtained Through Fraudulent Means with damages totaling 7,500.00 (general)/2,000.00 (special damages)/500.00 (incidental)
what would be a reasonable amount of exemplary damages?
This case has required a great deal of time, blood, sweat. & tears... The defendants are clearly guilty of malice and fraud.

I want to hurt them where it will be hardest felt (the wallet) but I also do not want to alienated the Judge by asking unreasonable sums of punitive. I would appreciate any experienced feedback!

ThanxWhat is the name of your state?

My response:

What is the net worth of the Defendant?

IAAL
 

rmet4nzkx

Senior Member
Methinks there is more to this story.
https://forum.freeadvice.com/showthread.php?t=303922 01-24-2006 04:37 AM
YCntWeJstGtAlng said:
What is the name of your state? CALIFORNIA

I recently ended a relationship. Over the course of the 4 yrs, I LOANED Dan a substantial amount of monies. Dan has not been meeting his obligation to repay me, no payment having been made in 4 months. Part of the money he borrowed was $5,000.00 to purchase a telescope. I paid for the scope -the checks I wrote specifically state 'LOAN' in the memo- with the understanding that the telescope, tho' the warranty paperwork was put in his name, remained in my possession til his debt was paid in full. However, about 2 months ago I allowed him to temporarily store this very large instrument at a friend's home while major remodeling was being done on my home. We were concerned about the difficulty of shuffling it around & accidental damage by the construction crew after a pinball machine was accidently knocked over, destroying it. Of course, now that I have kicked him out, he refuses to return the telescope to my house. Dan has only paid less than $1000.00 toward the approximate $10,000 (conservative estimate) owed. The telescope & his truck are the only items he has of any real value. I would like to repossess the telescope & either hold it til the debt is paid off or, should he fall grossly behind in payments, sell it to recover my money. What do I need to do in order to do this legally, thus compeling him to surrender the telescope?

Thank you for your time & kind attention to my inquiry!
https://forum.freeadvice.com/showthread.php?t=291091
11-16-2005 09:04 AM
YCntWeJstGtAlng said:
What is the name of your state? CALIFORNIA

My boyfriend's landlord offered to serve as a protective lienholder on my b/f's vehicles. At the time, my b/f was battling massive errors on his childsupport acct & he was worried they may try to seize his property. I warned him to have the liens removed once the problems were finally resolved. But he never pressed the issue with the LL. Then a pipe broke due to the LL's negligence & caused 30K worth of damage to my b/f's property. The LL was supposed to reimburse my b/f out of a settlement. The LL botched his case with insurance somehow & now he claims since he didn't get paid my b/f doesn't get paid. My b/f a few months ago told his LL he was going to begin making his rent payment to an escrow acct. pending resolution of the flood matter. The LL tried to steamroll my b/f for rent & even threatened to have some thug do bodily harm to me & my b/f. Then all was quiet for a few weeks. The time to register the vehicles came due even tho the reg renewal on 1 vehicle had not even arrived. We went down to DMV yesterday only to be told there was a "courtesy stop" placed on the reg. of both cars. DMV admits LL didnt have to provide any proof of legal right to pursue this action but that nothing can be done til end of the month. Now we must incur the expenxe of renting a car til then. Furthermore, it is now obvious the LL withheld mail addressed to my b/f (all 5 tenants & LL's mail go to a comunal addy. Then LL distributes it). AND my b/f also said mail that involved his financial affairs & was readily identifiable as being financial in nature looked like it had been opened when he received it from LL. Is this a chargable case of mail tampering?
How can this happen when the LL has no documented proof of any debt owed on the vehicles or otherwise. How is it this can happen without any sort of notification of the reg'd owners. All other lien actions req. court hearing with proper notice served & both parties having an opportunity to appear in court. How can we resolve this matter & forcibly remove the LL's bogus lien? The term "courtesy stop" doesnt seem very courteous to me when such a BS action can occur without proper due process or the necessity to provide proof of legal right to invoke the stop.
HEEEEEEEELP

Thanx
 

YCntWeJstGtAlng

Junior Member
Its A Long Sordid Story...

Dear Mel,

Oh you betcha... a very convoluted case between my NOW ex B/F & HIS NOW ex landlord with me caught in cross-fire! I'm happy to give details; I’ll try to be brief.

Today’s post refers to my ex-B/F's ex-landlord (LL) who refuses to deliver a Jacuzzi of mine (he has spa b/c I contracted him months ago to do minor dry rot repair on cabinet surround but he is now in breach of contract) so I am filing a suit. Ex B/F vacated LL's property due to dispute over flood damage. LL refused to surrender ex B/F's property also but we obtained court order/break order. Ex B/F recovered most of his things. But before pro spa movers I hired were able to load my Jacuzzi, deputies bailed out. LL attempted to attack them for allowing my Ex B/F to recover his things.& got pepper sprayed . Deps then decided unarmed 69yr old was too dangerous for 2 fully armed deputies to handle (guess the deputies forgot they CAN arrest & handcuffs are just to accessorize uniform) so they were leaving which forced us to leave also. Thus, my spa is still at LL's property & $500 was wasted for pro spa movers to move nothing.

Since I was tired of constantly bailing out B/F financially & dealing with his headaches, I split with him. Tho' I am in no manner a party to B/F's dispute with LL, the psycho withholds MY property to get revenge on B/F. So now Ex B/F owes a LOT of money & the LL has vandalized my expensive spa (spa was trashed when spa movers & I inspected) LL is a true wacko with serious control issues; delusionally believes he can break laws with impunity. He is King Carl of Ohmsville, Despotic Megalomaniac of Jamul, Calif. The Barmy Baron of Badlam is digging himself a deep & nasty legal middens with his unlawful actions against me/my property & that of my Ex B/F's. Judge at Temp Restraining Order hearing was disgusted w/ LL & keeping with my analogy actually said he would 'dethrone" His Loony Lordship, but was unable to rule on property recovery in the scope of protection petition. I consulted w/ civil lit. attorney yesterday who advised me what to file. After complaint is filed against LL, I can then request an Ex Parte hearing for Writ of Possession (CCP 512.010-020) tho' I doubt the spa will be worth recovering after LL's vandalism. It was pristine when he transported it up there, what still exists of my Jacuzzi bears no resemblance to the unit I entrusted to him.

As for ex B/F, it looks like I will have to sue him too since he acts as tho' he doesn't have to repay all the money loaned to him (atty's retainer, moving costs, etc. plus large loan for dayum telescope which he should have paid off already). Once Ex's attorney gets LL's 'name only' lien removed from Ex B/F's vehicle titles, mine will replace it. BTW, DMV is just one of several gov. agencies investigating LL. DMV may file perjury charges for requesting new titles & claiming old ones lost when, in fact LL knew full well EX B/F has always had them. LL never had 'pinks' b/c no legal attachments exist; his name went on as lien holder merely to prevent CSEB from seizing 4 yrs ago. Calif's CSEB's computerized system is famous for faulty accting. & errors on Dan's non-delinquent child support acct. caused CSEB to threaten seizure. CSEB practice legalized extortiion & internal errors require Divine Intervention to compel corrections. That was sorted out 2 yrs ago but LL was always "too busy" to go to DMV to file sign offs. Possibly you now see what I mean by Ex B/F's headaches? The man is a professional victim!!! To be candid, I rue the days on which I met each of the Basty Nastards!!!!

So there you have the condensed version. Actually more twists exist but IF you are really that curious, send me an email for the rest of details. This whole deal is more stomach churning than the worst of Soap Operas! However, THIS Diva is a bit pissed the Screenwrite forgot to script HER Deus Ex Machina in this drama-rama! I would swear my contract has a D.E.M clause. Someone call my agent!

Contemplating Cloistered Nunhood,
WhyCant
 

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