Cases: Section 998

Fee Clause Interpretation, Section 998: Parking Lot Operator Entitled To Attorney’s Fees From Losing Lessee, But Whether Expert Witness Fees Allowed Had To Be Determined On Remand

Cases: Fee Clause Interpretation, Cases: Section 998

Trial Court Erroneously Allowed Them Under CCP § 998, But Parking Lot Contract Clause Needed To Be Restudied On Remand To See If Operator Obtains Expert Witness Fees.             In PCAM, LLC v. Bally Total Fitness of California, Inc., Case No, B277637/B285308 (2d Dist., Div. 8 May 28, 2019) (unpublished), parking lot owner, operator, and […]

Consumer Statutes, Section 998: $101,848.75 Fees/Costs Award Under Lemon Law Statute Was No Abuse Of Discretion

Cases: Consumer Statutes, Cases: Section 998

Underlying Settlement Amount Was $40,197.88.             We have many times posted that attorney’s fees/costs can easily eclipse the underlying merits determination.   Here we have a case demonstrating that exact result in a car “lemon law” case.             In Muro v. Chrysler Group, LLC, Case No. B285747 (2d Dist., Div. 1 May 28, 2019) (unpublished), plaintiff

Section 998: California Supreme Court Rules Request For Costs Timely Under Section 998 If Filed With The Arbitrator Within 15 Days Of Final Award

Cases: Section 998

A Question Of Timing: Case Explains  How To Handle Costs Under Section 998 In An Arbitration.         Heimlich v. Shivji, S243029 (Cal. S.Ct.  5/30/19) (Corrigan, J.) is good news for practitioners, because it settles a timing issue, but it is no help to the hapless appellant who helped make law. Code of Civil Procedure

Section 998: Client’s “Waiver Of Costs” CCP § 998 Offer Was Enforceable Where Client Defenses To Law Firm Fee Collection Disputes Were Revealed And Where Firm Voluntarily Dismissed The Case Many Months After Not Accepting The Offer

Cases: Section 998

Expert Fees Of $21,377.08 Were Assessed Against Law Firm Under 998 Cost-Shifting Feature.             In Ellis Law Group, LLP v. Nevada City Sugar Loaf Properties, LLC, Case No. C080930 (3d Dist. May 8, 2019) (unpublished), client disputed a law firm’s contention it was owed for unpaid legal fees based upon a conflict of interest and

Civil Rights, Section 998: FEHA Amended To Provide That CCP § 998 Fee/Costs Shifting In Favor Of Prevailing Defendant Will Not Happen Unless Plaintiff’s Action Was Frivolous

Cases: Civil Rights, Cases: Section 998

Legislative Enactment Resolved Split Among DCAs, As Recognized In Huerta, Effective January 1, 2019.             Although alluding to it in some posts on a year-end 2018 case, we post to indicate that California Senate Bill 1300 amended the FEHA scheme to provide that CCP § 998 offers may not be used to shift recovery of

Arbitration, Section 998: 2/2 DCA Affirms Denial Of All But $60 Post-Confirmation Award Filing Cost To Prevailing Arbitration Claimant

Cases: Arbitration, Cases: Section 998

Rejected CCP § 998 Offer Did Not Change The Result, Because Claimant Did Not Ask Arbitrator To Cost Shift And Failed To Show Contractual Expenses Were Post-Offer In Nature.             In Lipton & Margolin, APC v. Ko, Case No. B288038 (2d Dist., Div. 2 February 7, 2019) (unpublished), former law firm sued client for $39,455.45

Landlord/Tenant, Section 998, POOF!: Landlord And Tenant, In Lengthy Litigation Over Personal Property In A Westlake Village Luxury Home, Lose Both Their Attorney’s Fees Awards On Appeal

Cases: Landlord/Tenant, Cases: POOF!, Cases: Section 998

After Ten Years Of Litigation, Tenant Only Received A $56,000 Net Recovery—Not Exactly A Win When All Of The Attorney Efforts Are Considered!             Christie v. Ridge, Case No. B259189 (2d Dist., Div. 6 February 6, 2019) (unpublished), although unpublished, is a nice reminder of how costly litigation is and how both litigants winning attorney’s

Section 998: Defendant With Strong Defense Entitled To $30,410.91 In Expert Witness Fees When Plaintiff Rejected 998 Offer And Defendant Prevailed

Cases: Section 998

Weakness Of Case And Strength Of Defenses Must Be Considered Before Rejecting Offers.             In Del Norte Senior Center, Inc. v. Stelling, Case No. A145016 (1st Dist., Div. 4 Jan. 25, 2019) (unpublished), defendant was awarded $30,410.91 in expert witness fees after she defensed plaintiff in a contentious accounting dispute. She had earlier offered to

Section 998: No Attorney’s Fees Recoverable By CCP § 998 Prevailing Party In California Disabled Persons Act/Unruh Act Case Because No Liability Finding That Plaintiff’s Rights Under These Statutes Were Violated In Case Seeking Monetary Damages

Cases: Section 998

If You Want Fees As A Plaintiff, Make Sure You Have A Liability Determination.                      Linton v. County of Contra Costa, Case No. A153188 (1st Dist., Div. 1 Jan. 23, 2019) (partially published; section 998 discussion published) is a stark reminder for plaintiff disability attorneys: if you want fee recovery under an accepted CCP §

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