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I lost a trial and the defense attorney filed for attorney's fees for $100,000. My lawyer filed motion to dismiss and they soon dropped the motion for attorney's fees.

But the judge presiding over the case is a nutjob. She scolded my lawyer for filing the case (even though it was 100% legit) and pretty much tried to persuade the defense to refile for attorney's fees, even though the 60-day window has passed.

Here's my question: so if the defense re-files for attorney's fees and prevails, what legal recourse do I have???? The judge is a real nutjob and she even admitted in court to not even reading over our motions!!!!!!

So what can I do if that happens? Is there a way to overturn it on the grounds that she overstepped her bounds by encouraging the defense to refile and not do it within 60 days?????? Shouldn't she be disbarred for such a thing???? What are my chances I can prevail??? (THIS IS IN LA COUNTY, CA, USA)

My lawyer's away so can't ask him = (

2007-07-09 15:02:33 · 3 answers · asked by Anonymous in Business & Finance Personal Finance

3 answers

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2007-07-09 16:19:15 · answer #1 · answered by Anonymous · 0 0

If the other lawyer files for attorneys fees and it is past the 60 days, and the judge approves it, you can also appeal the ruling to the next higher court. If it is outside the 60 days, it is likely to be upheld.

There isn't much you can do against the judge, though.

2007-07-09 15:10:05 · answer #2 · answered by rlloydevans 4 · 0 0

That would be grounds for appeal of any decision granting costs and fees to the defense. Even if you don't appeal the ultimate outcome, you can still appeal that specific order.

As would the fact that the judge may have exceed her authority by acting sua sponte in the face of the defense withdrawal of the motion.

You may not win, but it would definitely be worth the appeal

2007-07-09 15:08:09 · answer #3 · answered by coragryph 7 · 0 0

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