Legal Question in Business Law in California
Recovering court costs and attorney fees
My corporation and Attorney were sued. I paid for all court costs and Attorney fees and the case was dismissed. Can I recover my court costs and Attorney Fees?
2 Answers from Attorneys
Re: Recovering court costs and attorney fees
It depends upon what grounds the case was dismissed. If the court found that the complaint was frivolous and was brought wrongfully, your corporation might file another lawsuit -- this one for malicious prosecution -- and recover consequential damages if you prevail. Typically, California law does not permit recovery of attorney's fees except by contract or statute.
Re: Recovering court costs and attorney fees
It really depends upon how the dismissal occurred. For example, if the dismissal was as a result of a Anti-SLAPP motion, then yes, you would be entitled to fees (if timely sought).
You can email or fax us the relevant docs, and we will gladly provide you with a no charge consult on this.
Let us know. We are experienced civil litigators with extensive experience in this type of issue.
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