Legal Question in Civil Litigation in California

If I win my case, ''in pro Per, Can I recover costs?

I am being sued for breach of contract and doing this ''in pro per'' as I am unemployed recently and cannot afford an attorney.

Over the years, my sister has been helping me in paying for copies of public records, copying and mailing documents and an occasional attorney consultation (she also cannot afford to pay for an attorney). She has been doing a ton of research for me as I do not have a working computer and she understands what needs to be done more than I do. She has no legal background.

It looks like I will win my case with the evidence that I have but I understand that it is not a guarantee.

My question: Even though I will not have ATTORNEY costs, my sister has put out a few hundred dollars (receipts available) in helping me.

If I win my case, may I ask for the plaintiff to pay for my sisters time and the money she is out?


Asked on 6/04/09, 3:38 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: If I win my case, ''in pro Per, Can I recover costs?

Don't count your chickens before they are hatched. Consult Code of Civil Procedure � 1021.5 for a list of allowable costs. Consult your contract to see if attorney fees are provided for. Consult CCP �� 998 and 2033 for methods of possibly recovering additional costs. Remember to 1) ask for a stateament of decision before the end of your trial; and 2) if you do win, serve and file your memorandum of costs within 15 days of judgment. Good luck.

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Answered on 6/04/09, 3:48 pm


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