Prevailed in Bogus lawsuit, but....

[wendys8861]

What is the name of your state? CA

Quick question....My sister went to court yesterday on a bogus lawsuit filed by her ex-husband, 5 years after their divorce. In court he admitted he knew the lawsuit had no basis, but his current wife insisted they file anyway to get money out of my sister.

My sister prevailed in the suit, obviously, but was only awarded a portion of attorney's fees. Can she sue her ex-husband in small claims court for the remaining $3000+ that she has had to pay in attorneys fees but wasn't awarded? The plaintiff kept waffling between dropping the case and not dropping the case and caused my sister's attorney to do additional work, thereby increasing the fees.

Thanks for any information.

Wendys8861

 

[racer72]

Can she sue her ex-husband in small claims court for the remaining $3000+ that she has had to pay in attorneys fees but wasn't awarded?

Anyone can sue anybody for just about anything. In your sister's case, she likely would not win, the ex's defense would be that she was awarded "reasonable" attorney fees in the case the just concluded.

 

[JETX]

My sister prevailed in the suit, obviously, but was only awarded a portion of attorney's fees. Can she sue her ex-husband in small claims court for the remaining $3000+ that she has had to pay in attorneys fees but wasn't awarded?

Can she sue?? Of course she can.
Can she win?? No. Her claim has already been heard and the court ruled on her attorney fees. Have her google 'res judicata'.