Cases: Section 998

Consumer Statutes, Section 998: Where Contextual Reading Of Defense 998 Offer In Lemon Law Case Showed Defense Beat The Ultimate Judgment Based On Offer Terms, Matter Had To Be Remanded To Have Trial Judge Determine Preoffer And Postoffer Costs Due To Each Side

Cases: Consumer Statutes, Cases: Section 998

998 Offer Allowed For Costs/Fees to Plaintiff, Such That This Could Not Be “Double Dipped” Added To The Base 998 Offer Amount; Otherwise, Duplication Existed. Slater v. Ford Motor Co., Case No. G064350 (4th Dist., Div. 3 Sept. 24, 2026) (unpublished) is highly suggested reading for lemon law defense attorneys on how to craft an

Section 998: Defendant Correctly Granted A Motion For Judgment Notwithstanding The Verdict In An Asbestos Personal Injury Case Was Properly Awarded Expert Witness Fees And Other Costs As Against Plaintiffs Based On Successful Section 998 Offer

Cases: Section 998

Dismissal With Waiver Of Costs Was A Valid And Reasonable Good Faith Offer Under The Circumstances. In Collantes v. Union Carbide Corporation, Case Nos. B335555/B338371 (2d Dist., Div. 7 Sept. 16, 2026) (unpublished), a defendant suffering an adverse jury verdict in an asbestos case obtained a judgment notwithstanding the verdict based on a post-trial motion for

Section 998: Personal Injury Plaintiff, In Low Collision Bike-Car Accident, Properly Was Assessed With $99,800 In Costs After Rejecting A 998 Offer Of $20,000 In The Wake Of A Subsequent Defense Jury Verdict

Cases: Section 998

Most Of The Costs Were Expert Witness Fees. Although attorney’s fees in California are rarely at issue in normal personal injury cases, CCP section 998 can be a cost-shifting statute of significance for either side given that expert fee expenses can be significant and can be awarded to the “winner” of a well-crafted 998 offer—all

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

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