Cases: Section 998

Consumer Statutes, Section 998: Defense Served A Proper 998 Offer With Valid Terms For Settlement Under The Song-Beverly Act

Cases: Consumer Statutes, Cases: Section 998

Defense Agreed To Pay $7,500 For Plaintiff’s Fees And Costs Or, Alternatively, An Amount To Be Determined On Noticed Motion.          A valid CCP § 998 offer to compromise is a valid cost-shifting mechanism under the Song-Beverly Consumer Warranty Act (commonly known as California’s “lemon law”). Kia Motors America, Inc. offered to pay plaintiff $30,000.01 plus […]

Section 998, Trade Secrets: 4/3 DCA Reverses Trial Judge’s Significant Taxing Of Costs-Shifting Under Rejected CCP § 998 Offer And Reverses Denial Of Fees Under Penal Code Section 502 Fee-Shifting Provision

Cases: Section 998, Cases: Trade Secrets

Remand Was Order, But A Potential $575,000 To $994,000 In Expert And Attorney’s Fees Must Be Considered In “Re Do.”             Prince v. Invensure Ins. Brokers, Inc., Case Nos. G051996 et al. (4th Dist., Div. 3 May 18, 2018) (partially published; section 998 discussion published, with remaining fee discussion unpublished) is an insurance business merger

Costs, Section 998: Deposition Transcripts Ordered And Jury Fees Posted By Separate Defendants Are Awardable As Routine Costs.

Cases: Costs, Cases: Section 998

Expert Witness Fee Requests Did Not Have To Be Scaled Down Due To Plaintiff’s Financial Condition.             On the merits, Alexander v. Scripps Memorial Hospital La Jolla, Case No. D071001 (May 11, 2018 partially published; costs discussion not published) is a wrenching decision on a patient’s health care directives conflicting with providers’ opinions that the

Costs, Section 998: Plaintiff Obtaining Judgment In Landscaping Dispute Did Not Favorably Obtain It For 998 Costs-Shifting Purposes

Cases: Costs, Cases: Section 998

Court-Ordered Mediation Costs Are Discretionary Costs Item For Award Purposes.              Hariri v. Clark, Case No. A149402 (1st Dist., Div. 2 May 8, 2018) (unpublished) is an interesting case showing how a CCP § 998 offer involving largely non-monetary features may not give rise to cost shifting based on the results actually obtained.              What happened

Class Action/Costs/Section 998:  CSU Student Class Representatives Properly Assessed With Some Mandatory Costs After Class Action Loss Under CCP § 998, But Denial Of Expert Witness Fees To Defense Was Proper Given The Differences In Damages Among Subcla

Cases: Class Actions, Cases: Costs, Cases: Section 998

End Result Was Four Class Representatives Were Hit With Routine Costs Of $123,134.94.             Class action practitioners should read this next post on how CCP § 998 costs shifting can result in routine costs exposure to class representatives, especially where “pocketbook” financial evidence is not properly presented.             In Keller v. Bd. of Trustees, Cal.

Private Attorney General, Requests For Admissions, Section 998:  Former Employee Plaintiff Winning $50,000 In Damages Properly Denied Costs Of Proof Sanctions And Private Attorney General Fees

Cases: Private Attorney General (CCP 1021.5), Cases: Requests for Admission, Cases: Section 998

Trial Judge Also Properly Awarded Costs To Defense Under CCP § 998 Offer.             One of the beauties of posting on unpublished decisions is to see the array of cross-over issues in fees/costs issues at the California state level.  Chamblee v. Inland Behavioral and Health Services, Inc., Case No. D073121 (4th Dist., Div. 1 Apr.

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