Is a defendant entitled to recover attorney fees from a plaintiff in voluntary dismissal before trial?
California, United States of America
The following excerpt is from Payne v. Am. Contractors Indem. Co., C084201 (Cal. App. 2018):
recovery of attorney fees by defendant in all cases of voluntary dismissal before trial would encourage plaintiffs to maintain pointless litigation in moot cases or against insolvent defendants to avoid liability for those fees." (See Santisas v. Goodin (1998) 17 Cal.4th 599, 613.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
Is a plaintiff entitled to attorney's fees in a voluntary dismissal before trial? (California, United States of America)
Is a plaintiff entitled to recover contractual attorney fees for defending against a competing non-contractual claim? (California, United States of America)
Can a defendant recover attorney fees from a plaintiff who voluntarily dismissed the declaratory relief cause of action along with the request for injunctive relief? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Can a defendant recover attorney fees from a plaintiff who voluntarily dismisses the action? (California, United States of America)
Is a defendant entitled to a fair trial if his trial attorney objected to the alleged judicial misconduct or impeachment evidence? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is plaintiff entitled to recover attorney's fees for fees incurred during the confirmation proceedings in the trial court? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
