Legal Question in Employment Law in California
I have a small claims case in court and I sewed only for non payment of wages and personal belongings. I did not sue for harassment but I believe with the threatening emails and texts, I should have. I also filed a police report before filing Small Claims papers, so I believe i have sufficient evidence. Can the judge reward me more money than I sued for if they see fit?
1 Answer from Attorneys
In order to have the court rule on your harassment claim, you will need to amend and re-serve your complaint, and increase the amount of money you are asking for.
The court will not award you money for any wrongful conduct not adequately described in your complaint. The issue is one of fairness, and the additional notice is to give the defendant "fair warning" of what the lawsuit is about.