Legal Question in Civil Litigation in California

I was being sued (wrongly of course) and after 18 months of litigation, the judge dismised the suit because it was time barred by the statute of limitations. I had a cross claim. I occasionally had an attorney as often as I could afford one, but was frequently pro se.

The order is now being prepared for dismissal.

What happens to my cross claim?

Am I entitled to attorney's fees?

Can I place a lien against the plaintiff regarding the legal fees or do I need a separate order?


Asked on 9/09/09, 3:59 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Whoa! Don't put the cart before the horse.

If the underlying lawsuit is barred by the statute of limitation, the court should look at your cross-complaint separately and determine whether that's also barred by the statute. For instance, a plaintiff might sue based upon an oral agreement (2-year statute of limitation), while the defendant might cross-complaint based upon a written agreement (4-year statute of limitation). If the suit were filed outside the two years, but the cross-complaint is timely, the cross-complaint should survive.

Unless you were the prevailing party and the claim involved a statute or contract that permits attorney's fees, the rule is that the litigant pays his/her/its own attorney's fees, so there could be no lien.

However, you might be entitled to your permissible litigation costs, i.e. filing fees, service of process, cost of depositions, travel to and from depositions, jury fees, and some others. Please review the appropriate Code of Civil Procedure section regarding permissible costs and timelines. There is a very short period after notice of dismissal/judgment is served in which you must file your memorandum of costs, or lose out on that opportunity.

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Answered on 9/09/09, 4:40 pm


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