Can you sue for punitive damages in small claims court or only direct monetary damages?

D

David

New member
A local auto repair shop tried to scam me for $200 for new parts (radiator and thermostat) when it turned out all I needed was coolant because they left my radiator cap loose during a previous oil change (yes, i'm fully aware you don't need to remove a radiator cap to do an oil change). I filed a complaint with the Bureau of Automotive Repair to try to get the money back I spent on coolant ($10, but it was the principle of the matter). The manager at the shop lied and said I was rude to both him AND customers on site! So I did not get my $10. Anyway, upon looking up that same location at the website for the Better Business Bureau, I discovered they have a rating of F. Out of 17 total complaints filed, 14 have gone unanswered.

I want to take them to court and use this as evidence that they are liable for punitive damages to hopefully get their attention and make them respond to complaints in the future. Is this possible, or do I need to take this to civil court??
someone mentioned the laws vary by state. I'm in California
 
No, you cannot obtain punitive damages in small claims court.

See also California Civil Code sections 3294, 3333, 3340.

Usually, punitive damages are intended for defendants that display gross negligence, cruelty, or fraud.
 
give it up and take your time and make a website about them, tell only the facts. No slander. I did that when a video game place in Minnesota screwed me outta $50 and I'm in CA. So, I made a website, posted their emails to me, and a month later they closed down anyways and I felt a LOT better!! Just no lies, back everything up and it's perfectly legal. Look for others to give their story.

The bad publicity is Priceless!! Let others know what may happen to them, they will thank you!! Everyone hates a crook.
 
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