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  1. #1
    Join Date
    Jun 2009

    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
    Behind a Desk

    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

    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.

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