Hi,
This may be a really stupid question, but here goes. In California small claims, I understand that the maximum you can sue for is $7,500. Does a small claims judge have the authority to award an amount greater than this? Or is s/he maxed out at $7,500 even if the law would allow for a greater award?
Here's why I ask: I am getting ready to take my ex-landlord to court for excessive withholding of my security deposit. Having read the California statute, I learned that if a landlord withholds deposits in "bad faith", he can be penalized for 2 times the amount of the deposit in addition to having to refund the deposit itself. If everything goes my way (I've got documentation of bad faith for 90% of everything he withheld) the potential award would exceed $7,500. Do I sue in civil court for my deposit plus penalties? Or do I sue in small claims for my deposit only, and hope that the small claims judge imposes penalties? (I guess my second question is when I file my lawsuit, do I need to ask for the penalties to be imposed, or is that solely at the judge's discretion?)
Thanks in advance.
This may be a really stupid question, but here goes. In California small claims, I understand that the maximum you can sue for is $7,500. Does a small claims judge have the authority to award an amount greater than this? Or is s/he maxed out at $7,500 even if the law would allow for a greater award?
Here's why I ask: I am getting ready to take my ex-landlord to court for excessive withholding of my security deposit. Having read the California statute, I learned that if a landlord withholds deposits in "bad faith", he can be penalized for 2 times the amount of the deposit in addition to having to refund the deposit itself. If everything goes my way (I've got documentation of bad faith for 90% of everything he withheld) the potential award would exceed $7,500. Do I sue in civil court for my deposit plus penalties? Or do I sue in small claims for my deposit only, and hope that the small claims judge imposes penalties? (I guess my second question is when I file my lawsuit, do I need to ask for the penalties to be imposed, or is that solely at the judge's discretion?)
Thanks in advance.
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