Legal Question in Civil Litigation in California
I won my case small claims. The defendant has appealed for a trial de novo in superior court.
Can I amend my claim to include more losses that I had over sighted in my first claim? If so, how much is the limit?
Can another party who has also suffered losses in the same case combine his losses with me and join me in the amended complaint?
2 Answers from Attorneys
At the trial de novo in Superior Court you may have an attorney but the appeal is of the case that was decided in Small Claims Court. Adding new claims is probably not appropriate at this stage, neither is adding another party. I recommend that you consult with an attorney about how to proceed at this state to protect your interests including what you won in the Small Claims action.
You can't add another party. The appeal is a de novo hearing on the claim that was presented in the small claims tribunal earlier. There is a split of authority in this state as to whether all claims (when there is a counterclaim) are heard again on appeal, or only the claim being appealed.
Sometimes a greater amount of damages can be awarded on the appeal, and sometimes it can come out to be less. It all depends on the nature of the case and the judge's decision.