Author name: Marc Alexander

Section 998: $12,000 Pre-Litigation Offer, Iterated As A 998 Offer Four Months Later After Filing Of A Lawsuit, Was Reasonable And Supported Cost-Shifting In Low-Level Vehicular Personal Injury Case

Cases: Section 998

Section 998 Test Focuses On Objective Reasonableness, Not Plaintiff’s Subjective Perception Of The Offer’s Fairness.             In Mkhitarian v. Jackson, Case No. B306198 (2d Dist., Div. 5 Sept. 20, 2021) (unpublished), plaintiff in a low level, soft issue vehicular injury case rejected both a pre-trial informal offer and subsequent CCP § 998 offer for $12,000 […]

Deadlines, Substantiation Of Reasonableness Of Fees: Party Winning Usurious Note Dispute Was Properly Awarded $318,400.50 In Contractual Attorney’s Fees

Cases: Deadlines, Cases: Substantiation of Reasonableness of Fees

Filing An Appeal Did Not Stay Fee Motion Determination Absent A Stipulation, With Petitioning Attorneys Doing A Commendable Job Of Supporting The Fee Request.             This next case, Korchemny v. Piterman, Case Nos. A155483 et al. (1st Dist., Div. 2 Aug. 27, 2021 [unpublished]; certified for publication on September 17, 2021), demonstrates how a winning

Private Attorney General: Petitioner Winning First Round Of San Francisco Bay Mineral Extraction Lease Dispute, Getting Paid Under A Settlement, Did Not Get Any Further CCP § 1021.5 Fees By Failing To Succeed In The Second Phase

Cases: Private Attorney General (CCP 1021.5)

Future Losses Can Change The Private Attorney General Analysis.             Petitioner in San Francisco Baykeeper, Inc. v. Cal. State Lands Commission (Hanson Marine Operations, Inc.), Case No. A159693 (1st Dist., Div. 4 Sept. 17, 2021) (unpublished) did initially prevail in a dispute with the Commission over approval of several 10-year mineral extraction leases that authorized

Appealability, Probate, Reasonableness Of Fees: Trustee’s Failure to Appeal Prior Separately Appealable Order On Fees Was Dispositive On Most Issues

Cases: Appealability, Cases: Probate, Cases: Reasonableness of Fees

As Far As Amount Of Fees, Failure To Include A Reporter’s Transcript Was Equally Damning.             In Padlan v. Graves, Case No. A159576 (1st Dist., Div. 3 Sept. 17, 2021) (unpublished), a trustee was ordered to pay certain attorney’s fees to a beneficiary based on reneging on a mediation settlement agreement.  That order was made

Section 998: Only Mentioning CCP § 998 Or Allowing Judgment To Be Entered, Without More Precise Instructions For Accepting 998 Offer, Does Not Render A 998 Offer Valid

Cases: Section 998

4/1 DCA Provides Further Guidance On Drafting Effective 998 Offers.             Drafting effective CCP § 998 offers can be tricky, as the 4/1 DCA recognized in Finlan v. Chase, Case No. D078410 (4th Dist., Div. 1 Sept. 15, 2021) (published).  A plaintiff lost some hefty costs and expert witness fees by not providing specific acceptance

Consumer Statutes, Settlement: Attorney’s Fees Award In Lemon Law Case Affirmed As To Settling Party’s Responsibility, With Other Party Not Agreeing To Pay Fees Not Responsible

Cases: Consumer Statutes, Cases: Settlement

Given Merits Judgment Was Paid, Other Party Was Not Responsible For Fees.             The next case we post on, Carter v. Mike Thompson Recreational Vehicles, Case No. G058205 (4th Dist., Div. 3 Sept. 14, 2021) (unpublished), shows how care needs to be given to drafting settlement agreements as far as preserving attorney’s fees exposure to

Prevailing Party, Special Fee-Shifting Statutes: No Abuse Of Discretion In Trial Court’s Award Of $23,162.50 To Prevailing Civil Harassment Plaintiff

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Awarded Fees, Which Were Reduced From The $70,000 Requested, Were Not Excessive Considering The Complexities Of The Case And The Increased Attorney’s Fees Plaintiff Incurred As A Result Of Defendant’s Conduct.             In Rowan v. Kirkpatrick, Case No. A161436 (1st Dist., Div. 3 September 13, 2021) (unpublished), defendant appealed the trial court’s award, under Code

Costs, Deadlines, Experts, Section 998: 4/2 DCA Dismisses Defendants’ Cross-Appeal Of Trial Court’s Order Granting Plaintiff’s Motion To Tax Majority Of $139,951.97 In Costs And Fees Sought By Defendants Under § 998

Cases: Costs, Cases: Deadlines, Cases: Experts, Cases: Section 998

Defendants’ Cross-Appeal Was Untimely, And A Separate Appeal, Not A Cross-Appeal, Was Required For Challenging Trial Court’s Order As It Related To Defendants’ Request For Expert Witness Fees.             In Ramirez v. Barajas, Case No. E071558 (4th Dist., Div. 2 September 13, 2021) (unpublished), personal injury plaintiff, suing defendants for $1.4 million in damages, rejected

Requests For Admission: $189,532.50 Costs-Of-Proof Sanctions Generally Affirmed With Minor Adjustments

Cases: Requests for Admission

No Motion To Compel Is Necessary Except Under Certain Circumstances And Costs-Of-Proof Sanctions Not Limited To Trial Evidentiary Stages.             In DeJong v. Beach, Case Nos. C085462/C086526 (3d Dist. Sept. 13, 2021) (unpublished), the Third District affirmed major parts of a trial court’s grant of RFA costs-of-proof sanctions in the amount of $189,532.50.  Here are

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