Cases: Section 998

Costs, Section 998: After Refusing To Grant Terminating Sanctions And After The Defense Won A Jury Trial Against Plaintiff, The Lower Court Erred In Taxing Expert Witness Fees Altogether Given The Valid/Reasonable/Good Faith Section 998 Offer Made By The Defense

Cases: Costs, Cases: Section 998

Case Remanded To Consider The Defense Request For $288,733.55 In Expert Witness Fees. CCP section 998 can be a game changer, as it was in this case.  Plaintiff rejected a substantial 998 monetary offer, was defensed at trial, and will be subject to some imposition of expert witness fees incurred by the defense.  The dramatic […]

Section 998: California Supreme Court Rules That Section 998 Offers With Alternative Options Are Valid, If Properly Structured With Certainty For The Options

Cases: Section 998

It Disagrees With The Court of Appeal’s Categorical Invalidity Argument. In Gorobets v. Jaguar Land Rover North America, LLC, Case No. S287946 (Cal. Supreme Court Aug. 6, 2026) (published), the California Supreme Court endorsed CCP section 998 offers containing alternative options for acceptance, as long as clear in nature.  Here is the heart of the

Section 998: In Lemon Law Car Case, Defense Offers To Correct Under CLRA And Acceptance Of Plaintiff 998 Offers Justified Denial Of Consumer Protection Prevailing Fees To Plaintiff

Cases: Section 998

Also, Plaintiff Correctly Was Not Saddled With Routine Costs Against One Settling Defendant. In an interesting case for lemon law practitioners where correction offers and CCP § 998 offers are involved, the appellate court in Elikov v. Hyundai of Folsom, LLC, Case No. C099253 (3d Dist. Apr. 30, 2026) (unpublished) affirmed a denial of attorney’s

Section 998: Where Plaintiff Only Obtained A $15,835 Personal Injury Jury Verdict, After Rejecting An Earlier CCP § 988 Offer For $50,000, Plaintiff Properly Was Saddled With Post-Judgment Costs Of The Defense

Cases: Section 998

Plaintiff’s Failure To Develop A Reasoned Appellate Argument For Reversal Doomed The Appeal. In Cardeas v. Solorzano, Case No. A172766 et al. (1st Dist., Div. 2 Apr. 28, 2026) (unpublished), plaintiff obtained a $15,835 jury verdict in a personal injury car crash case, after rejecting a defense CCP § 998 offer of $50.000. The lower

Costs, Section 998: Where A Losing Cross-Defendant Was Never Served With A Section 998 Offer, Trial Court Erred In Awarding Expert Witness Expenses Against Her

Cases: Costs, Cases: Section 998

Costs Recovery Was Void Under CCP § 473(d), With A Remand Ordered To See If Other Costs Were Allowable. Warren v. Shahar, Case No. B339274 (2d Dist., Div. 4 Mar. 11, 2026) (unpublished) illustrates how a costs memorandum likely needs to be filed separately when there are separate parties involved and CCP § 998 offers

Equity, Section 998, Settlement: Trial Court’s Refusal To Vacate A Judgment Based On 998 Offers Allegedly Not Consented To By Plaintiff’s Counsel Was Reversed On Appeal

Cases: Equity, Cases: Section 998, Cases: Settlement

Lower Court Did Not Evaluate Under Inherent Authority Of The Court Standards, So A Revisit Was In Order. In Chen v. Asian Square, Inc., Case No. H052309 (6th Dist. Feb. 25, 2026) (unpublished), within hours of defendant accepting plaintiffs’ CCP § 998 offers, plaintiffs’ counsel notified defendant that plaintiffs had not provided informed consent for

Costs, Section 998: Because Defense 998 Offer Was Valid And It Defensed The Plaintiff, Routine Costs Were Allowable But Had To Be Further Reduced

Cases: Costs, Cases: Section 998

After The Lower Court Erred In Not Taxing Some Routine Costs, Especially Some Conceded By The Defense As Being Erroneous, The Costs Judgment Had To Be Modified On Appeal. Reyes-Gonzalez v. Color Marble, Inc., Case No. B350612 (2d Dist., Div. 7 Feb. 17, 2026) (unpublished) involved a case where plaintiff was “defensed” by the defendant,

Requests For Admission, Section 998: In Automobile Collision Case, CCP § 998 Offer Was Not Invalid For Requiring Consent By Defense Insurer Carriers, And Costs Of Proof Sanctions Properly Denied To Plaintiff

Cases: Requests for Admission, Cases: Section 998

However, The Reasonableness Of The 998 Offer—Not Ruled On By The Lower Court—Had To Be Revisited On Remand. Matthews v. Ryan, Case Nos. B335736 et al. (2d Dist., Div. 1 Jan. 28, 2026) (partially published; 998 discussion published, but costs of proof sanctions discussion not published) has two good discussions, one on 998 offers which

Section 998: Assignee Mother Of Claims Bound Her Assignor Son To Acceptance Of A 998 Offer Such That Son Could Not Bring Another Suit Against 998 Offeror

Cases: Section 998

Lack Of Standing And Res Judicata Drove The Conclusion That The Acceptance Was Final On The Dispute. Burke v. Benworth Capital Partners, LLC, Case No. G064478 (4th Dist., Div. 3 Jan. 26, 2026) (unpublished) is an interesting case which confirms that an accepted and paid CCP § 998 offer by an assignee will divest the

Insurance, Section 998:  Insurance Concerns Of Carriers, Although A Consideration, Are Not Ones Which Should Lead A Litigant To Reject A Section 998 Offer Outright

Cases: Insurance, Cases: Section 998

Carriers Can Protect Themselves, With the Offeree Needing To Press A Carrier To Help Accept A Good Faith 998 Offer. Insurance considerations are very important at all stages of a case, including mediation.  But they are no less crucial in evaluation of CCP § 998 offers, as the next case shows, because they can result

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