After winning in small claims court in October, Experian finally paid the money portion of the judgment against them. However, they refuse to update the TL on a monthly basis, per the Court's order. I'm wondering if I should sue them again in small claims under California law, or if I should sue them in superior court and ask for punitive damages? Both have pros and cons. If I sue in superior court, the court costs are higher and it takes longer. If I stay in small claims, I can't get punitives (under Calif law). Has anyone here ever won punitive damages in small claims?
This is such a "cut-and-dry" contempt of court. Superior court is your best bet. I'd wager that the issue gets settled before they respond to your initial complaint. I've never heard of punitive damages in small claims.
Maybe I watch too much TV LOL, but if it is contempt of court, why go to Superior Court? Wouldn't he need to file again in Small Claims to drag them in front of the judge so he/she can ask them why they have ignored the court order?
i think as far as small claims in california is concerned, the court only has power to issue a money judgment (under 5k), when the court ordered them to report a certain way every month, the court really had no power to do that. in california only a superior court judge (not even municipal court judge) can order a party to actuall do a certain thing. in your case you should sue in superior court for a 'mandatory injunction' . that is where you seek an order against someone do a particular thing, rather than or in addition to money damages.. exp probably is aware that small claims judge lacks power to issue such an order. for that reason contempt won't work good luck
Actually, California's Small Claims Courts have gotten one of the highest "grades" in the country, most specifically due to the fact that they do allow injunctive relief. (See report card: http://www.halt.org/reform_projects/small_claims/pdf/rc_ca.pdf) Also, California Small Claims does, in fact, allow for punitive damages. Nolo has a decent book on the subject -- "Everybody's Guide To Small Claims Court In California"
