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3199 When a statute creates new rights and obligations not previously existing at common law, the express statutory remedy is the exclusive remedy available for statutory violations, so a plaintiff must elect between statutory and common law remedies; if plaintiff proves a common law tort and entitlement to punitive damages based on defendant's conduct that violated a statute, plaintiff may receive punitive damages, but plaintiff's sole reliance on a cause of action for the statutory violation is a waiver of punitive damages; punitive damages may not be awarded for litigation tactics that occurred after commission of the tort on which litigation is based.CitationDE ANZA HOMEOWNERS v DE ANZA ESTATES (Mobile Home) 94 CA4 890 [See: CivC 798.41, 798.86, 3294; Turnbull v ARA 219 CA3 811; Baker v Ramirez 190 CA3 1123; Clauson v Superior Court 67 CA4 1253, T/AT 12/98]
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