Punitive damages

[Bng808]

What is the name of your state?
Hawaii

How does one ask a judge for punitive damages at a proof hearing. This will be my third hearing for the same same infraction. I have been awarded judgments of $3200 on the other two occasions and would like to ask for punitive damages this time around also.

 

[Zigner]

You cannot get punitive damages in HI small claims courts.

https://law.justia.com/codes/hawaii/2019/title-34/chapter-633/section-633-27/

 

[quincy]

What is the name of your state?
Hawaii

How does one ask a judge for punitive damages at a proof hearing. This will be my third hearing for the same same infraction. I have been awarded judgments of $3200 on the other two occasions and would like to ask for punitive damages this time around also.

Is this about your small claims landlord/tenant case? Is the next hearing a “show cause” hearing?

https://forum.freeadvice.com/threads/rent-garnishment.661473/

https://forum.freeadvice.com/threads/landlord-refuses-to-repair.661519/

I agree with Zigner that punitive damages are not available in Hawaii’s small claims courts.

 

[zddoodah]

How does one ask a judge for punitive damages at a proof hearing.

I'm not sure what you mean by "proof hearing." In a civil lawsuit, if the plaintiff believes he/she/it might be entitled to punitive damages, then that alleged entitlement should be pleaded in the complaint and evidence offered at the time of trial.

I have been awarded judgments of $3200 on the other two occasions

This is a meaningless statement given that you've provided no context. What "other two occasions" are you talking about.

 

[quincy]

I'm not sure what you mean by "proof hearing." In a civil lawsuit, if the plaintiff believes he/she/it might be entitled to punitive damages, then that alleged entitlement should be pleaded in the complaint and evidence offered at the time of trial.



This is a meaningless statement given that you've provided no context. What "other two occasions" are you talking about.

The “context” is linked to above (you can read the other threads), unless Bng808 has another action he is involved in, in small claims court.

A show cause hearing was recommended previously.

 

[Bng808]

May apologies, it is in regular district not small claims. I believe it's an injunction against shutting off essential services.

 

[Bng808]

We received attorney's fees on the last one. Doing this one pro se.

 

[quincy]

May apologies, it is in regular district not small claims. I believe it's an injunction against shutting off essential services.

You believe it is for an injunction?

You might want to consult with the attorney you had previously. It is important to know the reason why you are going to court.

 

[zddoodah]

I believe it's an injunction against shutting off essential services.

You believe? As in you're not sure?

Are you suing someone and asking for an injunction? Whom are you suing? On what basis? If you're the plaintiff, did your complaint pray for punitive damages? What is the present status of the case? What does "proof hearing" mean?

We received attorney's fees on the last one. Doing this one pro se.

Maybe not such a good idea.

 

[quincy]

Bng808, where is the $3200 coming from? You previously said you were awarded $10,500.

 

[Zigner]

You posted in the Small Claims Court sub-forum. Based on that alone, I suggest an attorney.

 

[FlyingRon]

I'm not sure what you mean by "proof hearing." I

It is a hearing where the amount of damages is determined after a decision has been rendered.

 

[Bng808]

That is correct. Thank you.

 

[Zigner]

That is correct. Thank you.

Why do you believe you are entitled to punitive damages? Did you ask for punitive damages?

 

[Bng808]

We are now on our third court order with him for turning off an essential service. The violations are such that the Attorney Generals office is now investigating.