§6.02 Damages and Equitable Relief

You must make damage awards in small claims cases based on the same rules as for civil cases generally. [See CC §§3300 et seq (breach of contract), 3333 (torts), 3353 et seq (general).]

You may award punitive damages in an action for breach of an obligation not arising from contract when the plaintiff can show by clear and convincing evidence that the defendant was guilty of oppression, fraud, or malice. [CC §3294(a).] Some consumer protection statutes also have specific damage provisions. For instance, treble damages are recoverable in certain bad check actions. [See CC §1719(a)(2).]

REFERENCE >> For a discussion of when damages are available under various consumer protection laws, see California Judges Benchbook: Small Claims Court and Consumer Law ch 5 (Cal CJER 2007).

In any action to recover money, you may also grant equitable relief in the form of rescission, restitution, reformation, or specific performance. The court retains jurisdiction until full payment or performance occurs. [CCP §116.220(b); CRC 3.2108.] See §§6.03–6.04.

Specific performance of an obligation is governed by CC §3384, with some exceptions. [See CC §§3390–3392, 3394.]

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