Cases: Section 998

Costs, Prevailing Party, Section 998, Section 1717: Trial Court Order Denying All Attorney’s Fees And Costs To Defendants Reversed On Appeal

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Defendants Will Be Entitled To Substantial Fees/Costs On Remand, Not To Mention An Attempt To Garner Even More Fees.             This next case is a very substantial reverse of fortune on appeal.  So, that takes us to posting on Abregov v. Lawrence, Case No. G056866 (Abregov II) (4th Dist., Div. 3 Mar. 19, 2020) (unpublished). […]

Costs, Section 998: Most Of $137,559.43 Costs Award To Successful Defendant Property Manager Affirmed On Appeal As Against Unsuccessful Plaintiff Tenants

Cases: Costs, Cases: Section 998

Property Manager’s 998 Offers Were Not Token, Although Some Expert Fees, Exhibits Not Used At Trial, And Attorney Lodging Costs Had To Be Excluded Or Revisited.             Lewis v. RDM Mgt., Inc., Case No. B280728 (2d Dist., Div. 7 March 2, 2020) (unpublished) is a situation where plaintiff tenants in a 23-unit apartment obtained a

Costs, Section 998: Two $50,000 998 Offers Were Made In Good Faith, Justifying Personal Injury Plaintiffs’ Receipt Of Postoffer Costs Of $99,833.53, With Two Minor Modifications On Appeal

Cases: Costs, Cases: Section 998

Fifth District Struck $4,608.53 For Models/Blowups/Exhibit Photocopies And $2,850 Court Reporter Fee For Lack Of Particularized Detail.             The Fifth District, in Childress v. Aaron, Case No. F077027 (5th Dist. Feb. 28, 2020) (unpublished), did a nice, scholarly job of discussing Code of Civil Procedure section 998 good faith principles and Code of Civil Procedure

Sanctions, Section 998: 1/5 DCA Reversed And Remanded CCP § 998 Award In Favor Of Defendants, Although Reversing As A Matter Of Law CCP § 128.5 Sanctions Against Plaintiff

Cases: Sanctions, Cases: Section 998

Lower Court’s 998 Award Needed Recalculation; 2017 Amendments To Section 128.5 Rendered That Award Against Plaintiff Invalid As A Matter Of Law.             In Lee v. Harjono, Case No. A151656 (1st Dist., Div. 5 Jan. 23, 2020) (unpublished), plaintiff (a lawyer) sued defendant driver and his wife in a car accident case, rejecting some CCP

Consumer Statutes, Section 998: Trial Court Erred In 40.4% Reduction To Prevailing Plaintiffs’ Song-Beverly Fee Request For Fraud Causes Of Action

Cases: Consumer Statutes, Cases: Section 998

Language in Defendant’s 998 Offer Was Ambiguous And Did Not Allocate Any Portion Of Payment To Any Cause Of Action Other Than The Song-Beverly Claim. Miss Rose Cade – Queen of the Lemons – 1919 or 1920             In Smart v. Ford Motor Company, Case No. C087422 (3d Dist., January 21, 2020) (unpublished), lemon

Costs, Experts, Insurance, Section 998: Trial Court Properly Awarded Costs, Including Almost $70,000 In Expert Witness Fees, To Successful Defendant After Plaintiff’s Rejection Of Defendant’s Section 998 Offer

Cases: Costs, Cases: Experts, Cases: Insurance, Cases: Section 998

Plaintiff May Have Been Overreaching When He Followed Defendant’s $15,001 Offer With His Own $299,995 Offer Given Jury’s Return Of Defense Verdict.             Grayfer v. Wawanesa General Ins. Co., Case No. B285554 (2d Dist., Div. 7 November 18, 2019) (unpublished) provides a cautionary tale about the risk involved in overreaching and rejecting reasonable section

Section 998, Special Fee Shifting Statute: Berkeley Municipal Ordinance “Reasonable Fee” Requirement Disposed Of Winning Cross-Appellant’s Fee Challenge

Cases: Section 998, Cases: Special Fee Shifting Statutes

CCP § 998 Does Not Expand Fee Allowance, But Only Expands Group Of Litigants Treated As Prevailing Parties.             Glaser v. Mitchel, Case No. A155815 (1st Dist., Div. 4 Nov. 7, 2019) (unpublished) was a neighborhood dispute over sunlight/tree disputes—something we have posted on many times before with respect to various California venues.  There was

Costs, Experts, Section 998: Sixth District Affirms Denial Of $26,950.50 In Expert Witness Fees To Prevailing Defendant Because Section 998 Offer Was Not Apportioned Among Plaintiffs

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

Defendant’s Treatment Of Mother And Son Plaintiffs As Spouses For Section 998 Purposes Did Not Fly.             In Roe v. Hollister School Dist., Case No. H043658 (6th Dist., Sept. 26, 2019) (unpublished), mother and son plaintiffs (Jane and Jonnie Roe) sued school district and others for an incident involving the five-year-old son and another six-year-old

Section 998: Rejecting Offeree Which Rejects First And Second CCP § 998 Offers Is Entitled To Addition Of Pre-Offer Fees/Costs Up Through Date Of Second Offer To The Base Judgment

Cases: Section 998

Any Other Conclusion Would Run Afoul Of Section 998’s Purpose To Encourage Settlement.             Hersey v. Vopava, Case No. B287896 (2d Dist., Div. 8 Aug. 14, 2019) (published) involved a situation where a plaintiff tenant who vacated an apartment sued for inhabitability issues.  Defendant landlord made two CCP § 998 offers, one for $10,000 and

Section 998: When Offeree Beats First Offer, Court Refuses To Freeze Offeree’s Costs At Time Of First Offer When Offeror Makes Second Offer

Cases: Landlord/Tenant, Cases: Section 998

Court Could Not Find Case On Point,  So It Was Guided By Statutory Purpose Of Section 998.         In Hersey v. Vopava, B287896 (2nd Dist. Div. 8 Aug. 14, 2019) (Stratton, Grimes, Wiley), the Court holds, "where an offeree achieves a judgment more favorable than a first offer, the determination of whether an offeree obtained

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