Legal Question in Civil Litigation in California
I did free marketing work for a friend, approximately 50 hours. Other people she had involved that were supposedly doing it for free decided they wanted payment once I had completed my free work. I was quite upset this friend was willing to pay them and not me. Now because of maybe 1-2 emails a week and a few texts at the beginning of the situation she is claiming I am stalking her and will be calling the police on me. I am only standing up for myself and my work. I have not stalked her. Please advise, does she have a case? Do I have a case against her?
2 Answers from Attorneys
That depends on what you've written and in what context, as well as on what your friend has said and done in response.
That said, I don't have a lot of sympathy for your position. You made an agreement to work for free, but after completing your work you started to demand payment for it. I understand that you're "quite upset" about the other people getting paid, but being upset does not entitle you to any money. Your friend has not injured you and did not breach a contract, so the law is not on your side.
Can repeatedly demanding money from someone who has no legal obligation to pay you qualify as stalking? Yes, it can. Have you crossed that line? I can't say, since I don't know what you've done. But you should stop anyway. Demanding money from someone who doesn't owe it to you does not qualify as "just standing up for yourself".
Don't force yourself into a situation where you get to tell your excuses and 'reasons' to a judge and prosecutor in court after being arrested on criminal stalking charges. I suggest you promptly hire an attorney to review the situation and actual facts and counsel you, and to represent you and try to quiet down this situation before it blows up in your face. Do NOT contact her or anyone further about this. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible.