That is not how that works. In a nutshell, sometim
Post# of 96892
Posted On: 09/13/2016 2:49:19 PM
Re: 2015invest #66689
That is not how that works. In a nutshell, sometimes a party can win the cost of their legal fees as part of a fully adjudicated matter, but that is only if one side wins and requests it and the judge thinks that the winner is justified in having the other side pay. It is relatively uncommon for a loser to have to pay the legal fees of a winner.
What is happening here is different. According to the case summary themanz1 posted, K2 filed a contractual fraud case on 11/2/2015, and on 02/08/2016, the case was dismissed. What happened was that instead of litigating the case to the end the two companies met and negotiated a settlement that was more agreeable to both sides than spending a bunch of money on lawyers. A settlement agreement and valid, legally enforceable contract that usually contains a provision stating that once it is signed the plaintiff in the case will dismiss the suit against the defendant, since they have reached a deal there is not longer a need for the court.
However the document that themanz posted a link to is dated September 7, and the motion is "to enforce settlement and to enter judgment". What this means is that k2 believes ntek did not make good on their obligations from the settlement agreement from 02/08/16, and is now trying to receive a judgment from the court so they can take what they are owed under the settlement agreement.
In regards to the time of the hearing being written in, that usually is the result of a typographical error which is white out overed and written in for some reason (for example the court clerk entered the time and then realized there is already something going on). As someone who used to send motions to the LA county courthouses all the time, I can tell that is not at all uncommon.
What is happening here is different. According to the case summary themanz1 posted, K2 filed a contractual fraud case on 11/2/2015, and on 02/08/2016, the case was dismissed. What happened was that instead of litigating the case to the end the two companies met and negotiated a settlement that was more agreeable to both sides than spending a bunch of money on lawyers. A settlement agreement and valid, legally enforceable contract that usually contains a provision stating that once it is signed the plaintiff in the case will dismiss the suit against the defendant, since they have reached a deal there is not longer a need for the court.
However the document that themanz posted a link to is dated September 7, and the motion is "to enforce settlement and to enter judgment". What this means is that k2 believes ntek did not make good on their obligations from the settlement agreement from 02/08/16, and is now trying to receive a judgment from the court so they can take what they are owed under the settlement agreement.
In regards to the time of the hearing being written in, that usually is the result of a typographical error which is white out overed and written in for some reason (for example the court clerk entered the time and then realized there is already something going on). As someone who used to send motions to the LA county courthouses all the time, I can tell that is not at all uncommon.
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