Judge: Mark H. Epstein, Case: 23SMCV01772, Date: 2024-02-26 Tentative Ruling

Case Number: 23SMCV01772    Hearing Date: February 26, 2024    Dept: I

The court is inclined to agree that the economic damages sought are appropriate as well as the civil penalty, but the court has questions.  If plaintiff recovers the $30,000 paid to defendant, then the court must ask why plaintiff is also entitled to the approximately $21,000 in costs that were required to finish the job and fix things that were done wrong.  The question is whether that would be a double recovery.  The civil penalty is pretty self-explanatory.  As to the non-economic damages, the court needs plaintiff to point out where in the complaint such damages are sought and quantified.  As to punitive damages, the request is denied because the court has no evidence of defendant’s net worth.

The court will discuss this with counsel, but the court is unlikely to take evidence today.