Legal Question in Civil Litigation in California

False Declaration by an Attorney

This is a civil case where a judge issued a tenative decision and stated that plantiffs were intitled to recover any attorneys fees in excess of $50,000 and subsequent to that tenative decision a declaration under penalty of perjury, was made by their Attorney. claiming attorney fees were $118,000 plus other cost of $22,000. one of these cost for accounting, some $10,000 charge i know for a fact to be false, in that they did not pay anyone to do it because one of the plantiffs prepared it. I also beleive they grossly inflated their time, fees in this case. what can i do to make them prove they paid said $10,000 for accounting and other cost and or charged their clients

for said fees.


Asked on 8/29/01, 6:47 pm

2 Answers from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: False Declaration by an Attorney

You have to file a motion to tax costs with supporting declarations and exhibits.

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Answered on 9/17/01, 11:50 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: False Declaration by an Attorney

Thanks for your posting. To recover the costs, a party has to itemize the costs, along with a declaration under penalty of perjury stating that the costs were incurred. You may file a motion to tax costs, or bring a separate motion for sanctions based upon the false declaration.

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Answered on 9/17/01, 2:59 pm


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