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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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California limited civil: Defendant C C lawsuit. Well, Bill

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California limited civil: Defendant C C lawsuit. Well, Bill I just spoke to the Plaintiff's attorney with regard to the meet & confer before filing my MIL & I have reached a settlement with the opposition for $300.00. I was prepared for her & she stated that she basically had an advantage over me and when I asked her, how is that, she began to tell me how & I had pretty good case law that refuted most all of what she had. She is sending me the settlement agreement via email here in the next hr. Any suggestions? What should I make sure of before signing & handing the special appearance atty the document & a check? Please advise.

William B. Esq. :

That is great news, congratulations.

William B. Esq. :

With regard to the settlement, (again I can't give specific legal advice etc. ...) in order to ensure that no future litigation arises, and no future liability comes up - you are looking for a "mutual release of claims known or unknown arising from the transactions related to or arising out of the complaint" or similar language

William B. Esq. :

This means that even if they later change their minds, or come up with different claims, charges, or other things they wish to tack on for different reasons - they are prevented from bringing them. (It also means you can't sue them, but it usually isn't worth it - this is your call, I can't make it for you, but this is the best way to put the matter to rest).

William B. Esq. :

You will also want to make sure that the settlement requires them to dismiss the complaint "with prejudice" (again, they will be unable to refile the complaint).

Customer:

Thank you. I read in an attorneys blog that never be 100% certain of winning, that you have a 50% chance of losing. I think $300.00 for a $2,500.00 suit is pretty good success.

William B. Esq. :

I think you did great - but that is an opinion (the phrase I have learned is "the inherent risk of litigation")

Customer:

"With prejudice" was one of my conditions!

William B. Esq. :

You will also want an "attorney's fees clause" for enforcement of the settlement agreement - meaning that if they break the agreement and try to sue you in the future, you can hire an attorney and they will end up paying for it once you win by enforcing the terms.

Customer:

Inherent risk sums it up much better.

William B. Esq. :

(I think you are on top of this one - with prejudice, will pretty much cover it, the rest is just "gravy")

Customer:

Ok, when she sends me the agreement I will look for those terms & if not in the agreement I will request that she includes the suggestions. I mentioned to her that we must come to terms by 2:30 pm., or I have to file my MIL, cutoff time is 4:00pm., for filing.

Customer:

Bill, thank you so much for all of your help.

William B. Esq. :

You are very welcome. You have done the hard work, this is not an easy task and frankly you should be proud of yourself.

Customer:

Thanks' again. Good luck to you.

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