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.

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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.

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Answered on 8/24/04, 8:55 pm


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