Legal Question in Civil Litigation in California

Motion for Attorney Fees

I sued someone in a Civil Harassment case. They asked for an agreement outside of the court. We went to a mediation for an agreement, and there is no clause in the signed agreement that I will pay the defendants' attorney fees. They tried with the judge to get the money, but the judge denied it at that time.

Now the defendants and their attorney has sent a letter to pay their attorney fees.

There is a ''motion for attorney fees'' scheduled soon, how do I answer back? Do I need a proper form or do I just have to show up in court?

I don't know if this will be of help, but the court transcript shows that the judge might have granted the defendant's attorney fees IF we lost, but because it was worked out in mediation, there were no motion for attorney fees granted.


Asked on 8/16/08, 1:46 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Motion for Attorney Fees

since the settlement was silent on the issue, and it's presumed that the settlement covered everything, you can argue that everything has been resolved, and you wouldn't have entered into the settlement had you known. You can, of course, ask the court to set aside the settlement as you're not getting the peace that you bargained for. Also, as you indicated, since there was no prevailing party as far as I can tell, there should be no fees. Is the court required to enforce the settlement, or is the whole thing voluntary?

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Answered on 8/16/08, 2:21 am
Joel Selik www.SelikLaw.com

Re: Motion for Attorney Fees

You need to file an opposition to their motion with full points and authorities and facts.

You need an attorney to review the agreement and other facts, along with the transcript and minute order to determine the legal status of attorney fees.

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Answered on 8/16/08, 9:41 am


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