Have Legal Questions? Ask a Lawyer Now.
It is a civil litigation case where my former family law attorney is suing me for non-payment. I did a cross complaint for fiduciary duties, breach of contract, breach of good faith in dealing and for each I asked for damages. The judge said if I want my cross complaint to be heard in court (due to arbitration clause we had) I have to eliminate any punitive and affirmative damages from my cross complaint. Now I want to know if I can ask for any kind of damages or punitive and affirmative means I cant ask for any damages. By the way we are in California... if that matters.
Thank you for your response. I need a little more clarification please.
For example if the attorney failed to get me reimbursement for a certain item with the following situation:
item price/amount that I did not received because of attorney's failure: 10,000
The amount that I paid for attorney fees and costs for him to fight this issue for me: 5,000
can I ask for the $10,000 that I did not receive or just the $5,000 that I paid him?
lets say that I do have proof that if he had done his job right I would have been awarded with the item. can I ask for damages or it falls under punitive and affirmative damages?
by the way what is affirmative? same as punitive?