As self represented achieved partition of a house - over a $200,000 funded opposition. By settlement all proceeds went to me in exchange for dismissing law suit.
Costs were not handled by settlement and I was prevailing party. I will claim costs and party will, I'm sure, move to tax.
The biggest issue is who pays partition referee. Court has discretion in this costs, yet rights upon partition are handled by trial. Can costs then really be handled by motion only or is a trial necessary to judge any equitable issues?
If you settled, make sure that the settlement agreement does not deal with what you are writing about, and that were not covered by the release if there was one. Remember also the case is dismissed, so there should be nothing left to "try" or go to the court about. As to the referee, that also should have been taken care of; and if worse comes to worse, it may be that you will split the costs.
It would be extremely rare for a California case to be settled without addressing prevailing party costs. Additionally, a settlement may not be sufficient to prove "prevailing party."
See also 1033.5.
I agree with Mr. Selik. In addition to his comments, I write to point out that costs are generally awarded to the defendant when the complaint is dismissed by plaintiff. If the settlement agreement was silent re costs and attorney fees, you may be on the receiving end of a cost bill.
My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline