Cases: Section 998

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             In Etcheson v. FCA US LLC, Case No. D072793 (4th Dist., Div. 1 Dec. 6, 2018) (unpublished), plaintiff brought a “lemon law” action relating to a $40,000 purchase of a 2010 Chrysler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             McCullough v. FCA US, LLC, Case No. D073330 (4th Dist., Div. 1 Nov. 9, 2018) (unpublished) is an interesting “lemon law” case where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

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

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