Results 1 to 3 of 3
  1. #1
    Join Date
    Jun 2009
    Posts
    2

    Default Breach of Contract - Settlement Agreement

    My question involves restraining orders in the State of: California

    Instead of going to trial over a Stalking Order, a settlement no-contact and confidentiality agreement was reached. Neither myself or the other party is to have any contact, or refer to each other directly or indirectly, or discuss the settlement.

    It has come to my attention that the other party has been violating the settlement agreement, referring to me by name in postings on the internet, thereby committing a material breach of contract as written in the settlement agreement. This breach has occurred over 100 times since the agreement was reached. However, the stalking order has been dismissed for a little over a year now. The no-contact and confidentiality agreement is still in effect.

    What kind of remedy may I seek against the person for not obeying the legal settlement agreement? There is no specific remedy defined in the legal document, other than declaring it a material breach of contract.

    Can I sue in order to get back my attorney fees spent on obtaining the settlement? And would I be likely to win in court?

    Are there any other remedies or actions I can take in order to stop the person from violating the settlement agreement?

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,746

    Default Re: Breach of Contract - Settlement Agreement

    In my opinion, you aren't going to be able to recover legal fees for a matter you settled more than a year ago. I have no information about the violations or what harm you've allegedly suffered, so I'm not in a position to guess what might happen in court. Consider consulting the lawyer who helped you negotiate the settlement.

  3. #3
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Breach of Contract - Settlement Agreement

    Mr. Knowitall, I am going to consult with my attorney, eventually, at her hourly rate.

    The harm I've suffered is that the mutual settlement agreement restricts some of my freedoms. Public places I can appear in, things I can say to others, etc. Seeing as the agreement has been breached so many times by the other party, I do not want to be in the position where I have to follow its terms any longer, since the other party has chosen to blatantly violate the terms so many times. It's a matter of principle and ethics to me. When two parties enter an agreement, and that agreement is breached, I am seeking to have the agreement nullified. Would that be a reasonable request to make of the court? Again, I will eventually consult my attorney, but I am trying to educate myself first, in order to save some time and money. Regards.

    1. Sponsored Links
       

Similar Threads

  1. Legal Malpractice: Attorney Broke Settlement Confidentiality Agreement, I Lost Settlement
    By Rosco in forum Malpractice Law
    Replies: 1
    Last Post: 05-04-2011, 03:59 AM
  2. Visitation Agreement- Breach of Contract
    By CosmodNC in forum Child Custody and Visitation
    Replies: 2
    Last Post: 12-31-2010, 03:08 AM
  3. Property Division: Mortgage Refinancing, Breach of Settlement Agreement, and Quitclaim Deed
    By LaraB in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 07-21-2009, 03:48 AM
  4. Business Disputes: Breach Of Promissory Note, and Breach of Contract Countersuit
    By NoloComprende in forum Business Law
    Replies: 1
    Last Post: 02-23-2008, 09:23 AM
  5. Expenses and Reimbursement: Breach Of Oral Contract, But Agreement Was Verified To The IRS
    By QuestionThatNeedAnswers in forum Compensation and Terms of Employment
    Replies: 8
    Last Post: 01-11-2008, 03:29 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document