Legal Question in Civil Litigation in California
As a business owner, I entered into a one year contract, verbally and written with a 3rd party for a service. As the year ended, since I had never received my contract, I requested it, and realized that it wasn't the same and had been tampered with, the 3rd party actually replaced the first page, which had my initials endorsing it, with another page that extended the contract for another two years making it a three year contract. I had given the 3rd party a thirty day written notice of my intent not to continue with our services. The 3rd party then began to threaten, harass and slander my business, coming in harassing my employee's asking private questions about the business, threatening to subpoena them and even harassing my customers. I would like to file a civil harassment order against this person, and take them to a small claims court for damages and tampering with the contract. Would this person be able to take the case from small claims court to a regular court? Or would the judgement from the small claims court have to process first?
2 Answers from Attorneys
They could, and it sounds like they would, move it to regular court by filing a cross-complaint back against you for more than $7,500, and the appropriate forms to have the case re-classified as a regular case.
Also, SCC canonly award monetary damages so could order him to stop harassing you.
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