Legal Question in Civil Litigation in California
MORE info- The plaintiff is adding legal fees in civil suit- HOW?
Refresh info of case:
The company in question in a mult $100 million company. Because I said to the executive I ''would kick his A** and he was dead if he did not stop stealing from shareholders or resign'' He is pushing the threat. There council said if I come up with $40,000 they would stop the restraining order and drop the issue. Otherwise he will sue me civily for the $40,000. ( 2wks of Security and LEGAL FEES)
I lost 10's of thousands and was angry. Can the words your dead cost me $40,000? I have no record, not even a parking ticket. Its just a stressfull financial times. And when the company flat out told me ''we don't care about your losses....'' I was pissed
Question:
Of the $40,000 the company says I am responsible for in 2 weeks, Over half is legal fees. I can not find any statute that allows this. IN Fact most of what I read says you can not sue for legal fees.
Am I reading this correctly.
2 Answers from Attorneys
Re: MORE info- The plaintiff is adding legal fees in civil suit- HOW?
It sounds like they haven't sued yet and are trying to negotiate. My impression is that you would be better off to have an attorney on your side that would (a) be able to evaluate whether they actually have a case and advise you whether the offer/demand is a good business decision and (b) put a buffer between you and a company where there was obviously a very emotional and negative situation. Your post(s) have not provided sufficient information to give you an analysis of the applicable law but I suspect the company's demand letter to you probably states their proposed basis for civil suit.
Re: MORE info- The plaintiff is adding legal fees in civil suit- HOW?
When you get done desperately seeking a magic wand answer/solution to your problems in this case, you'll need to hire an experienced attorney to negotiate your way out of this mess, before it keeps getting worse. Any 'handy hints' you get here are not legal advice, nor will they do you any good unless you know how to effectively use them. The answer is, if you haven't yet been sued, apologize and negotiate. If you have been sued, timely file the appropriate pleadings, motions, discovery requests, etc., if apology and negotiation fails. Ultimately, what they can obtain in a judgment is up to the judge and jury. You can make all the arguments you like, as long as you have admissible evidence to support your defenses.
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