There is an under-utilized gem waiting to be used in every lawsuit. This gem comes from the California Code of Civil Procedure Section 1030.
Secure Your Attorneys’ Fees and Costs
Section 1030 states that when a plaintiff resides out of state or is an out of state corporation, the defendant may ask the court to require the plaintiff to file an undertaking of the costs and attorneys’ fees which may be awarded to the defendant. This forces the plaintiff to guarantee that they are serious about their action. Then, you as the defendant, know that any attorneys’ fees and costs that may be available to you are sitting comfortably in an account for you.
Requirements to Secure Your Attorneys’ Fees and Costs
There are only two requirements for filing and winning a 1030 motion. (1) The plaintiff must reside out of state and (2) the defendant must have a reasonable possibility of prevailing in the action. The Court in Yao v. Superior Court recognized the importance of a defendant’s right to secure their costs as well as the difficulty of enforcing a judgement for costs against a person or company that is in a different state. Section 1030 attempts to prevent out-of-state plaintiffs from filing frivolous lawsuits against California residents.
Added Bonus of Section 1030
One last added bonus of Section 1030 is that if the defendant files the motion within 30 days of being served the summons and complaint, the defendant has the option to request the court too stay, or pause the action until the 1030 motion has been heard.
Ask Your Attorney
If you have further questions on how to file a 1030 motion to secure your attorneys’ fees and costs from a plaintiff in another state, don’t hesitate to reach out to Pokala Law APC or another attorney in your area.
