Cases: Section 998

Class Action, Costs, Lodestar, Reasonableness Of Fees, Section 998: Trial Judge Properly Awarded Class $333,000 In Attorney’s Fees Out Of Requested $780,845.62

Cases: Class Actions, Cases: Costs, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Section 998

However, Lower Court Did Properly Award Voluntary Mediation Expenses And Expert Fees Incurred By The Class After Rejection Of A CCP § 998 Offer.             In Diaz v. Grill Concepts Service, Inc., Case No. B284146 (2d Dist., Div. 2 Oct. 19, 2018) (unpublished), former restaurant employees of a Daily Grill brought a class action for […]

Section 998, Settlement: Vagaries In Acceptance By Offeree Cannot Be Adjudication Through Motion To Enforce A Settlement Under CCP § 664.6 And CCP § 998 Before Entering Judgment

Cases: Section 998, Cases: Settlement

Entry Of Judgment Based On 998 Offer Is A Ministerial Act That Cannot Involve Adjudication Of Dispute Over 998 Acceptance—Presumably An Independent Action Was The Remedy.             In Coleman v. Sagar, Case No. B283005 (2d Dist., Div. 5 Oct. 9, 2018) (unpublished), there was a brouhaha over whether defendant properly accepted a CCP § 998

Section 998: Fourth District, Division 3 Has A Very Precedential Decision On Pre/Post-Offer Costs Calculus Under 998 Offers

Cases: Section 998

Court Itself Calls For Legislature To Clarify How The Pre/Post-Offer Mechanism Operates—Likely, A Good Thing, If It Happens!             Our local Santa Ana Court of Appeal, in a very thoughtful opinion authored by Justice Ikola, has taken on a vexing issue—how pre-offer/post-offer fees/costs get allocated in CCP § 998 offers for purposes of future proceedings

Request For Admissions, Section 998: Plaintiff Insured Losing Insurance Breach/Implied Covenant Lawsuit Had To Pay State Farm $167,861.50 In Costs-Of-Proof Sanctions For RFA Denials And $50,664.44 In Expert Witness Fees After 998 Offer Rejected

Cases: Requests for Admission, Cases: Section 998

Substantial Costs Awards Are Becoming More Prevalent In Corporate Defendant Type Situations.             In several recent posts in the last few months, we have noted a trend for personal injury or consumer plaintiffs to suffer adverse costs awards of a substantial nature. This, of course, counsels that CCP § 998 offers must be carefully assessed

Section 998: Williams v. The Pep Boys Section 998 Discussion Now Published

Cases: Section 998

Case Holds That Unallocated 998 Offer to Multiple Plaintiffs in Hybrid Wrongful Death, Strict Liability, And Negligence Action Was Invalid.             On August 24, 2018, we posted on Williams v. The Pep Boys Manny Moe & Jack of California, Case No. A146060 (1st Dist., Div. 4 Aug. 23, 2018), a hybrid wrongful death, strict liability, and negligence action

Section 998: Personal Injury Plaintiff Losing Defective Seatbelt Case Against Manufacturer And Distributor Properly Saddled With Almost $400,000 In Section 998 Costs, Mostly Expert Witness Expenses

Cases: Section 998

$20,000 Offer Plus Waiver Of Costs Was Found To Be In Good Faith.             Gonggryp v. BMW of No. America, LLC, Case No. B279895 (2d Dist., Div. 1 Sept. 14, 2018) (unpublished) is a stark reminder for attorneys representing clients in personal injury cases that they must seriously evaluate CCP § 998 pre-trial settlement offers,

Section 998: Unallocated Offer To Multiple Plaintiffs In Asbestos Survival Claims Based On Strict Products Liability And Negligence Was Invalid In Nature

Cases: Section 998

998 Offer Would Have Been Fine In Wrongful Death Action Alone, But Separate Offers Had To Be Served In This Particular Survival Claim Action.             Although the CCP § 998 discussion is unpublished, Williams v. The Pep Boys Manny Moe & Jack of California, Case No. A146060 (1st Dist., Div. 4 Aug. 23, 2018) (partially

Costs, Section 998: Inability To Pay Does Not Prevent An Award Of Routine CCP § 1032 Costs, While Trial Judge’s Wholesale Denial Of Costs Required Evaluation Of Whether “Walkaway” CCP § 998 Offer Was In Good Faith

Cases: Costs, Cases: Section 998

On Remand, Financial Condition Of Rejecting Offeree Can Be Considered In The Costs-Shifting Proceeding.             LAOSD Asbestos Cases (Alfaro v. Colgate-Palmolive Co.), Case No. B281022 (2d Dist., Div. 4 Aug. 8, 2018) (published) involved the results of a costs-shifting proceeding in a case where a plaintiff lost her tort case in which she alleged developing

Section 998: Unapportioned 998 Offer To Multiple Defendants Invalid

Cases: Section 998

Result Was That Expert Witness Costs Award Of $60,023.90 Went POOF!             In Miller v. Fleming, Case No. A150554 (1st Dist., Div. 1 Aug. 3, 2018) (unpublished), plaintiff sued two defendants mainly for breach of fiduciary duty based on an oral partnership joint venture opportunity. Plaintiff eventually won $3.7 million in compensatory damages from a

Deadlines, Section 998, Section 1717: Not Attaching 998 Offer To Costs Memorandum Is Not Fatal, But Fifth District Panel Finds Trial Judge Lacked Jurisdiction To Enter Post-Trial Section 1717 Fee Motion After Appeal Of Merits Judgment

Cases: Deadlines, Cases: Section 1717, Cases: Section 998

We Think Panel Erred On The Trial Judge Lacking Jurisdiction To Entertain Fee Motion.             In Swinerton Builders v. Fresno Plumbing & Heating, Inc., Case No. F069825 (5th Dist. July 31, 2018) (unpublished), a general contractor won an indemnity dispute against a plumbing contractor under a subcontract with an indemnification/fees clause. The jury entered a

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