Legal Question in Civil Litigation in California

Can a really low settlement be accepted?

I was involved in a civil case(which i should never have been included in) where the plaintiff was seeking $5million for damages. There were several defendents named in the suit and one of the defendants settled for $100,000(from insurance company who didn't even fight the case) and now since the plaintiff has received the $100,000 there are rumors that they are willing to let one of the defendants off for only $1,500. Another defendant declared bankruptcy and the plaintiff also made an offer of not fighting it in bankruptcy court for $1,500. Fortunately for me I got dismissed because there was no evidence found against me but still lost out on several thousands of dollars in legal fees. Is this legal? I was dismissed with prejudice. Does that mean that I can not sue the plaintiff for legal fees? Thanks


Asked on 5/05/04, 11:25 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Can a really low settlement be accepted?

The dismissal with prejudice was of the Plaintiff's allegations against you; it has no effect on your rights against the plaintiff.

Successful defendants are generally not entitled to attorney fees but there are some circumstances in which they are. You haven't told us enough about your case to say whether you might be able to get them. The proper procedure would not be a separate lawsuit but rather a motion in the same case; there are time limits involved and you may already be too late.

You also have the option of bringing a malicious prosecution claim, and if you winn then your legal fees from the first case will be among the damages you are entitled to claim. The plaintiff in such a case must prove several facts which are usually difficult to prove, so bringing such a suit may not be wise. Here again, I would need to know more about your case in order to comment intelligently about your chances.

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Answered on 5/06/04, 12:23 am
Donald Holben Donald R. Holben & Associates, APC

Re: Can a really low settlement be accepted?

Need more information including timing of all. Call to discuss.

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Answered on 5/05/04, 11:31 am


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