Legal Question in Civil Litigation in California

Payment of attorney fees as a result of a motion

I entered into a civil lawsuit and voluntarily dismissed one of the defendants. As per a contract, I was obligated to pay for their attorney fees and a hearing was heard granting them attorney fees in excess of $40k. 3 1/2 weeks later, the dismissed defendants informed me that they had incurred an additional $6k in attorney fees AFTER and ABOVE the final judgment amount, and that if I don't pay them by a certain date they will put into motion the sale of my home to collect said fees. I have just paid the initial judgment amount (~$40k), and they told me that to reveal an itemized summary of how they got the $6k in additional fees would be a violation of attorney client privilege. Is there something going wrong here? I had dismissed my attorney because I thought once I paid the initial amount I was done. Thank you in advance for any information/help you can provide.


Asked on 8/07/02, 4:50 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Payment of attorney fees as a result of a motion

You should consult with competent counsel immediately, as this doesn't sound right.

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Answered on 8/09/02, 1:07 pm
Larry Rothman Larry Rothman & Associates

Re: Payment of attorney fees as a result of a motion

Something sounds wrong with the facts you presented. Only in rare circumstances can attorney fees be awarded when a party is dismissed. If you fax all of your documetnation, motion, etc, order, memo of costs, letters to 714 363 0229, I will provide you with free consultation. Our firm handles cases throughout California.

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Answered on 8/08/02, 3:14 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Payment of attorney fees as a result of a motion

Contact the lawyer who represented you previously. Sounds like they are playing games. They cannot force the sale of your house absent some agreement to do so. The part about bills being privileged is bogus in the scenarion you described.

Feel free to contact me with any further questions-Martin

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Answered on 8/07/02, 5:18 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Payment of attorney fees as a result of a motion

Absent some agreement re your house, they cannot do anything about a sale. As for the additional 6 mil, speak to your attorney about this. The defendants are trying to screw you. The confidential noise is bull. Contact me if you feel the need for further information.

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Answered on 8/07/02, 8:47 pm


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