Legal Question in Business Law in California
I represented myself as a plaintiff in a lawsuit regarding a business partnership.
I settled with the defendants but now I believe the defendant's attorney acted in bad faith.
Can I get the settlement overturned/reversed as a result of the defendant's attorney acting in bad faith regarding false information she provided me to induce me to settle?
3 Answers from Attorneys
Where was your attorney?
You may be able to get the settlement agreement overturned if you prove that you were fraudulently induced to enter into the settlement agreement. Please call me to discuss.
Seth Wiener
Telephone: 925.487.5607
Probably not, since it was a private settlement. However, it is a contract like any other and if the other party breached you may have recourse for breach of contract. If there was fraud involved, you might have a claim for fraud. Understand, though, that these are new lawsuits and you're starting all over again.
Look at the agreement you signed. If it's like most, somewhere in there it says that the contract contains the entire agreement, and you did not rely on anything anyone said to you that isn't in the contract. That's in there as a warning not to believe anything you're told to get you to sign. (If it doesn't contain such language, you might have a stronger case because you would then be able to introduce evidence of what they said to you.)
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