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
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 May 8, 2019) (unpublished), client disputed a law firm’s contention it was owed for unpaid legal fees based upon a conflict of interest and
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
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 In Lipton & Margolin, APC v. Ko, Case No. B288038 (2d Dist., Div. 2 February 7, 2019) (unpublished), former law firm sued client for $39,455.45
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 Christie v. Ridge, Case No. B259189 (2d Dist., Div. 6 February 6, 2019) (unpublished), although unpublished, is a nice reminder of how costly litigation is and how both litigants winning attorney’s
Fact That Two Defendants Were Dismissed And Offer Encompassed Any Existent Plaintiff Liens Did Not Impact Its Validity. In Ziert v. Young’s Lockeford Payless Market, Inc., Case No. C079669 (3d Dist. Jan. 30, 2019) (unpublished), several defendants made a joint CCP § 998 offer to plaintiff for $50,000, with no extra costs/fees and inclusive
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 In Del Norte Senior Center, Inc. v. Stelling, Case No. A145016 (1st Dist., Div. 4 Jan. 25, 2019) (unpublished), defendant was awarded $30,410.91 in expert witness fees after she defensed plaintiff in a contentious accounting dispute.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
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 §
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
