James

This is an action to recover damages for three alleged wrongful garnishments against plaintiff’s wages based upon a judgment of the small claims court procured by a fraudulent return of service of summons.

A jury returned a verdict on a typewritten form which purported to be in favor of plaintiff-appellant, but in assessing damages the following figures were filled in by the forelady:

Thereafter the trial judge granted a motion by defendants to vacate the judgment entered on the verdict under the provisions of Code of Civil Procedure section 663. His order granting the motion directed the entiy of a new and different judgment against defendants “. . . in the amount of Zero Dollars ($00.00) General, Compensatory Damages.” The order also awarded costs to defendants.

As grounds for reversal, appellant contends: 1. The rule that a verdict for zero compensatory damages will nullify an award of punitive damages should not apply in a case such as this where the existence of a tortious act resulting in some actual damages manifestly appears from the evidence; 2. the verdict for zero general damages was a general verdict and not a special finding of fact within the meaning of…