Can you sue for legal cost for a frivolous law suit filed against you?

Question

If someone sues you with little or no basis, can you sue them back for the legal cost incurred on you for hiring an attorney?

In California, US.

Answer 1

Yes, pursuant to Rule 11 of the Federal Rules of Civil Procedure (if in federal court), or to whatever state's adoption of that rule in its own rules of civil procedure.

Answer 2

Generally, you don't have to sue to get attorney's fees or costs if you win a frivilous lawsuit. A motion for fees and costs is filed at the end of the case. Generally, costs are awarded almost automatically, but attorney's fees are more discretionary. There are many rules or laws that may affect the outcome of such a motion.

You should ask your attorney this question.

Answer 3

You will want to look into the tort of 'malicious prosecution.'

I am not sure of the requirements of the CA statute, but it may be similar to pennsylvania which requires:
I
Pennsylvania, like most jurisdictions, a party bringing a
malicious prosecution claim must demonstrate that (1) the
defendants initiated a criminal proceeding; (2) the criminal
proceeding ended in the plaintiff's favor; (3) the proceeding was
initiated without probable cause; and (4) the defendants acted
maliciously or for a purpose other than bringing the plaintiff to
justice.

Answer 4

Yes, if you can prove that the claim is frivolous. Once proven and determined by the court to be frivolous, then one could ask the court for court costs, attorney fees, etc.

Answer 5

Of course. Especially in California.

Answer 6

my wife a teacher and she was ready to get sue i told the parent I was going to sue them and the judge said I could the case was drop

Answer 7

As long as it's not small claims court, you can.

Answer 8

yes

Answer 9

counter suit, most likely, yes.

Answer 10

Yeah, and you should tack on something frivolous yourself (fight fire with fire).