Fernandes v. Singh, 224 Cal. Rptr. 3d 751 (2017)

Citation: Fernandes v. Singh, 224 Cal. Rptr. 3d 751 (2017)
Parent Document: Fernandes v. Singh, 224 Cal. Rptr. 3d 751 (2017)
Jurisdiction: California (state)
Effective Date: 2017-10-05
Original Source: https://www.courtlistener.com/opinion/6239155/fernandes-v-singh/ ↗

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The trial court found four retaliatory acts: the three unlawful detainer actions, plus the repeated demands for payment of rent despite the conditional judgment in favor of Fernandes. The statutory penalty was $2,000 per act, or $8,000. (See Civ. Code, § 1942.5, subd. (f)(2).) By clear and convincing evidence, the trial court found Singh acted with oppression, fraud or malice, both actual and implied, based on his "despicable conduct ... with a willful and conscious disregard of the rights or safety of Fernandes. Moreover, clear and convincing evidence establishes that defendant Kiran Rawat, who is in *937default for non-appearance at trial and the Sitaram Trust ratified and approved the malicious, fraudulent *755and oppressive conduct of defendant Singh."4

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