Legal Question in Civil Litigation in California

Recovering Defense Fees by Small Claims Action

When a Defendent has won their case through summary judgement, shown to be innocent of all complaints, and incurred defense attorney's fees, can the Defendant use Small Claims Court be used to sue the Plaintiff Attorney to recover costs? And if the Complaint shows that Plaintiff prays for attorney fees, should Defendant attempt to collect this way?


Asked on 5/26/99, 4:41 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Recovering Defense Fees

No one gets attorney fees in any kind of a case unless the have a contract that grants attorney fees or they can cite a specific statute allowing for them.

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Answered on 6/01/99, 5:03 am
John Hayes The John Hayes Law Offices

Re: Recovering

If you can prove that the case that was dismissed

was a malicious institution of civil proceedings you

may be able to recover attorney's fees as well as

punitive damages. You would have to prove that the

plaintiff's case was completely groundless and only

filed to intentionally harass you.

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Answered on 6/03/99, 1:19 am


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