Legal Question in Personal Injury in California
Recovery of legal fees in a dismissed case
If a civil case is filed against me, and then dismissed for some technical reason, am I able to recover my legal fees from the plaintiff.
The technical reason is a legal error in the original filing by the plaintiff's attorneys.
Asked on 8/19/04, 4:19 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
Re: Recovery of legal fees in a dismissed case
Your attorney should answer the question, based upon the facts. If plaintiffs dismiss a federal case without obtaining waiver of your fees, you can seek them. State court cases depend upon statute or contract entitlement to fees to the prevailing party.
Answered on 8/23/04, 4:10 pm
Christopher M. Brainard, Esq.
C. M. Brainard & Associates - (310) 266-4115
Re: Recovery of legal fees in a dismissed case
You get costs, not attorney's fees, if they voluntarily dimissed. You may contact me.
Answered on 8/24/04, 8:55 pm
Related Questions & Answers
-
Do I have a tort action worth pursuing in civil court... Asked 8/17/04, 9:03 am in United States California Personal Injury Law and Tort Law