Legal Question in Civil Litigation in California
Enforcement of Legal Fees clause in settlement agreement
I signed a settlement agreement with someone, after a legal dispute. A few months later, this person started new legal proceedings against me and tried to rescind the agreement but the judge granted my 664.6 motion and declared the agreement valid. In the agreement, there is a clause stating that in the event of one of the parties starting new legal action against the other, they'd be liable for legal fees. Is this enforced in California? How does this sort of thing generally play out?
3 Answers from Attorneys
Re: Enforcement of Legal Fees clause in settlement agreement
Generally, these agreements are enforced. Your attorney will have to file a motion for attorney fees at the conclusion of the case.
Re: Enforcement of Legal Fees clause in settlement agreement
Your lawyer would file a motion for an award of attorney fees.
Re: Enforcement of Legal Fees clause in settlement agreement
Your lawyer would file a motion for an award of attorney fees.