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?


Asked on 5/26/09, 1:16 pm

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

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.

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Answered on 5/27/09, 10:49 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Enforcement of Legal Fees clause in settlement agreement

Your lawyer would file a motion for an award of attorney fees.

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Answered on 5/26/09, 1:49 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Enforcement of Legal Fees clause in settlement agreement

Your lawyer would file a motion for an award of attorney fees.

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Answered on 5/26/09, 1:52 pm


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