Legal Question in Civil Litigation in California

Re: Partition action for sale of property

First, don't use a transaction lawyer to do your litigating. If you signed the settlement agreement and the document was sent to the other side, send a retraction before they sign it and send you a copy. You may also be able to set aside the settlement by alleging duress, mistake or fraud (of course you must have grounds). Be careful though as the settlement agreement may have an attorney's fees clause. This means that if you breach or unsuccessfully challenge the settlement agreement, you could be liable for the other side's attorney's fees. I would recommend you hire a different lawyer to review the documents and look at your options. Feel free to contact us.

Re: Partition action for sale of property

Unless there is a written agreement between the parties, I cannot see how you can be charged with the attorney fees of the Plaintiff. It appears to be an idle threat. In partition actions, the parties incur their own attonrey fees and costs.

These type of cases generally settle and normally there are strictly accounting issues involved. Our firm handles cases such as these throughout California and should you have any other questions, please contact us.

Re: Partition action for sale of property

Did you sign a settlement agreement? If so, it is probably binding. In partition actions, the Court may divide all the attorney fees among the parties.

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

CONCENTRATING IN LITIGATION: REAL ESTATE, ELDER ABUSE, APPEALS, AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

If you send a lawyer or law firm email, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via email. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties.

Re: Partition action for sale of property

Setting aside a settlement agreement is very difficult to do, unless you can show either that another party has breached it or that you were induced by fraud into signing it.

Nothing you have said suggests that any of the other parties has breached the agreement, and it sounds like you knew all the pertinent facts when you signed. Perhaps if I knew more of the facts I would see a basis for letting you out of the deal, but based on what you have said I see no such basis.

Your reason for wanting out seems to be that you signed only because you thought you would lose in court. People sign agreements for this reason all the time, and there is nothing wrong with doing so. Your change of heart - even if based upon newly-discovered documents - is no reason a court should force the other parties to litigate a dispute they have already settled.

Keep in mind that your settlement agreement probably includes a clause which requires the losing party to pay the other parties' legal fees and costs in any litigation over the settlement agreement. Thus, while the plaintiff's original threat of making you pay such fees may have been an idle one, you should take that prospect seriously now.