Can a plaintiff recover damages that are not alleged in the complaint?
California, United States of America
The following excerpt is from Kelly v. Sparkling Water Co., 334 P.2d 210 (Cal. App. 1959):
Special damages not alleged in the complaint cannot be recovered. Bonde v. Bishop, 112 Cal.App.2d 1, 5, 245 P.2d 617. A general allegation of damages will authorize proof of all damages necessarily resulting or which may be legally implied from the act complained of. Morris v. Allen, 17 Cal.App. 684, 688, 121 P. 690;
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