Cases: Section 998

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             In Del Norte Senior Center, Inc. v. Stelling, Case No. A145016 (1st Dist., Div. 4 Jan. 25, 2019) (unpublished), defendant was awarded $30,410.91 in expert witness fees after she defensed plaintiff in a contentious accounting dispute.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 §

Section 998: 2/2 DCA Decides Three Factors Are Especially Pertinent In Determining If CCP § 998 Offer Was Made In Good Faith

Cases: Section 998

Those Factors Are: (1) How Far Into The Litigation Was The Offer Made; (2) Information Available To the Offeree Prior To The Offer’s Expiration; and (3) Whether The Offeree Informed Offeror That It Lacked Sufficient Information To Evaluate, And The Offeror’s Response.             We have posted many times on CCP § 998 offers, which can

Allocation, Section 998, Trespass: 4/1 DCA Affirms Award Of $289,153.75 In Fees Under CCP § 1021.9 To Plaintiff Who Used Land For Intended Nursery Plantings As Against Neighboring Rock Quarry

Cases: Allocation, Cases: Section 998, Cases: Trespass

Section 1021.9 Applies To Land Characteristic As A Whole, Not Just Portion Of Land Trespassed Upon; Pre-Offer Fees And Costs Did Not Disturb The Result Under CCP § 998.             In Hoffman v. Superior Ready Mix Concrete, L.P., Case No. D072929 (4th Dist., Div. 1 Dec. 19 2018) (published), plaintiff owned property intended to be

Consumer Statutes, Section 998: Plaintiff Winning Only $2,636.50 In Attorney’s Fees And Costs In Lemon Law Case Was Entitled To Reversal And Remand

Cases: Consumer Statutes, Cases: Section 998

Trial Judge Improperly Imposed CCP § 998 Sanctions When Offer Was Improper, Such That Cut-Off Fee Determination Was An Abuse of Discretion.             In Etcheson v. FCA US LLC, Case No. D072793 (4th Dist., Div. 1 Dec. 6, 2018) (unpublished), plaintiff brought a “lemon law” action relating to a $40,000 purchase of a 2010 Chrysler

Costs, Probate, Section 998: Insurance Company Controlling Litigation Is De Facto Party Under Probate Code, Liable For Litigation Costs Under Rejected CCP § 998 Offer

Cases: Costs, Cases: Probate, Cases: Section 998

Because Insurance Company Controls The Litigation, Court Looks Past "Legal Fiction" That Decedent's Estate Is The Party.         Amanda Meleski was injured when Albert Hotlen ran a red light and collided with her vehicle. But by the time Mr. Hotlen could be served with a summons, he was dead. However, Mr. Hotlen had purchased

Civil Rights, Section 998: 2/8 DCA Holds, For Pre-2019 Cases, That Plaintiffs In Nonfrivolous FEHA Suits Are Not Entitled To Costs Shifting Under CCP § 998

Cases: Civil Rights, Cases: Section 998

Panel Agrees With Reasoning In Arave Opinion So Holding.             Effective January 1, 2019, the Legislature has determined that plaintiffs in FEHA cases found to be nonfrivolous in nature do not face fee, costs, or expert witness fee exposure under the FEHA shifting statute or even under CCP § 998 after rejection of a 998

Consumer Statutes, Section 998: Lemon Law Fee Award Which Was A 78% Reduction From Request Reversed And Remanded Because Post-998 Offer Fees Should Have Been Considered And Appellate Court Unclear Whether Proper Lodestar Analysis Conducted By Lower Court

Cases: Consumer Statutes, Cases: Section 998

Size Of The Reduction Obviously Bothered Appellate Court, Although Its Statements On Level Of Detail Of State Court Fee Award Seems To Point Toward Adoption Of More Detailed Federal Court Analysis.             McCullough v. FCA US, LLC, Case No. D073330 (4th Dist., Div. 1 Nov. 9, 2018) (unpublished) is an interesting “lemon law” case where

Section 998: Plaintiff’s Rejection Of $30,000 Section 998 Offer Meant That Defendant Obtained Net $9,179.83 Award Despite Plaintiff Winning $10,000 From A Jury

Cases: Section 998

Case Illustrates The Potent Impact Of A Successful CCP § 998 Offer.             Malabed-Verona v. Hollaway, Case No. B278154 (2d Dist., Div. 4 Oct. 30, 2018) (unpublished) is a situation where a car accident plaintiff won $10,000 after a jury trial, but also after rejecting a close-to-trial defense offer of $30,000. The trial judge awarded

Section 998: CCP § 473(b) Discretionary Vacate Motion Based On CCP § 998 Omission Of Material Term Denied On Appeal Based On Failure To Provide Reporter’s Transcript On Lower Court Determination

Cases: Section 998

Adequate Record Is A Necessity.             In Monoarfa v. Djie, Case No. B279593 (2d Dist., Div. 4 Oct. 24, 2018) (unpublished), the trial judge denied a CCP § 473(b) discretionary motion to vacate a ruling based on the CCP § 998 offer not containing a material term The result was affirmed because no reporter’s transcript

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