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 […]
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
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 In Etcheson v. FCA US LLC, Case No. D072793 (4th Dist., Div. 1 Dec. 6, 2018) (unpublished), plaintiff brought a “lemon law” action relating to a $40,000 purchase of a 2010 Chrysler
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
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
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 McCullough v. FCA US, LLC, Case No. D073330 (4th Dist., Div. 1 Nov. 9, 2018) (unpublished) is an interesting “lemon law” case where
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 Malabed-Verona v. Hollaway, Case No. B278154 (2d Dist., Div. 4 Oct. 30, 2018) (unpublished) is a situation where a car accident plaintiff won $10,000 after a jury trial, but also after rejecting a close-to-trial defense offer of $30,000.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
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 In Monoarfa v. Djie, Case No. B279593 (2d Dist., Div. 4 Oct. 24, 2018) (unpublished), the trial judge denied a CCP § 473(b) discretionary motion to vacate a ruling based on the CCP § 998 offer not containing a material term The result was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
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
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
