Legal Question in Civil Litigation in California
legal fees
My in-laws were sued by their pastor for slander, he lost. He also lost other law suits against parisheners and the board while attempting to steal the church property. Three different lawyers told my in-laws they cannot recoup their more than 40k in legal fees because CA has no 'frivolous lawsuit' thing anymore. HELP! They are good people, they suffered so much stress and lost so much money. How can this happen and why can't they at least get their fees back? This was in Orange County, CA.
2 Answers from Attorneys
Re: legal fees
Depending on facts which you do not present, your in-laws might have a claim against the pastor and his attorney for malicious prosecution. An attorney would have to review the entire case, determine the stage at which the case was dismissed, etc.
Practically speaking as well, does or will the pastor have assets that could satisfy an eventual favorable verdict? That, also, must be a consideration.
Re: legal fees
America generally (not just California) does not have a "loser-pays" rule.
Your in-laws might be able to sue the pastor for what is colloquially called abuse of process, but such lawsuits are not easy to win. A case like this against the pastor won't do any good unless he can pay any damages awarded in that case.
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