Legal Question in Business Law in California

I recently represented my self in a civil lawsuit.

I did not do well and I was forced to dismiss with out prejudice.

The opposing attorney agreed that if I dismissed the case with out prejudice he would waive and any all sanctions and attorney fees.

Shortly after I dismissed the opposing counsel served me an cost summary.

I'm curious what are my options when opposing council breaks an agreement to dismiss.

Can I have the case re filed due to the breach of agreement or do I need to start all over?


Asked on 4/11/17, 5:54 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Whether opposing counsel broke his agreement depends on what he agreed to, whether you kept your end of the bargain, and what he's seeking. Costs of suit are not sanctions, so promising to waive sanctions is consistent with asking for an award of costs. But if the costs he's claiming include attorney fees (which they can in some situations), you may have grounds to challenge the claim. The usual way to do that is with a motion to tax costs. There are strict deadlines for such a motion, so you should act quickly. If the claim is large, you should have a lawyer represent you if at all possible.

Good luck.

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Answered on 4/12/17, 1:16 pm


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