My landlord broke many laws in CCC 1950.5 regarding the the return of my security deposit. No pre-moveout inspection was offered, when I asked for one in email 3 separate times he refused. I was never mailed an itemized statement of accounting and my landlord decided to keep the entire security deposit, when I asked what for in e-mail they gave many different conflicting answers. 3 days before the lease was over he told me that I would receive my full security deposit back, 1 day after the lease was over he said he would be keeping all of it.
There is an attorneys fee provision in the lease, if I hire a lawyer to take this case to superior court instead of small claims would it still be possible to have the bad faith penalty awarded? Is the bad faith penalty only awarded in small claims?Assuming the bad faith award can be awarded in Superior Court, would it be more likely to be awarded if my lawyer presented a case for it in Superior Court? Or is it more likely to be awarded to an individual going through small claims? Any advice would be much appreciated, thank you.