Small Claims in CA: after you dismiss a Small Claims case which was not heard: are you allowed to file for costs of suit?

Asked about 2 years ago - San Diego, CA

Such as the filing fee and process servers? Or any other legit costs?--such as ?

Attorney answers (3)

  1. Michael Charles Doland

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Costs can only be awarded to a "prevailing party" and dismissing your case does not make you a "prevailing party".

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  2. Michael Raymond Daymude

    Contributor Level 20

    3

    Lawyers agree

    Answered . No.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Adam Jay Jaffe

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    1

    Answered . Dismissal prior to hearing is tantamount to a settlement. Though you may have not settled, only the prevailing party (or party who won) is allowed to get costs.

    If you have further questions, be sure to speak with a lawyer that knows about Small Claims.

    -Adam Jaffe Law Office of Adam Jay Jaffe PO Box 2437 Camarillo, CA 93011-2437 (805) 504-2223 www.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,398 answers this week

3,341 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,398 answers this week

3,341 attorneys answering