Legal Question in Business Law in California

Recovering court costs and attorney fees

My corporation and Attorney were sued. I paid for all court costs and Attorney fees and the case was dismissed. Can I recover my court costs and Attorney Fees?


Asked on 9/25/06, 2:51 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Recovering court costs and attorney fees

It depends upon what grounds the case was dismissed. If the court found that the complaint was frivolous and was brought wrongfully, your corporation might file another lawsuit -- this one for malicious prosecution -- and recover consequential damages if you prevail. Typically, California law does not permit recovery of attorney's fees except by contract or statute.

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Answered on 9/25/06, 3:21 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Recovering court costs and attorney fees

It really depends upon how the dismissal occurred. For example, if the dismissal was as a result of a Anti-SLAPP motion, then yes, you would be entitled to fees (if timely sought).

You can email or fax us the relevant docs, and we will gladly provide you with a no charge consult on this.

Let us know. We are experienced civil litigators with extensive experience in this type of issue.

***No Legal Services or Attorney Client Relationship - Although this email may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this email as a source of legal advice. Until a formal Retainer Agreement is executed, any communication between you and The Guerrini Law Firm cannot create any attorney-client relationship between you and The Guerrini Law Firm.***

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Answered on 9/25/06, 11:38 pm


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