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
$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 Gonggryp v. BMW of No. America, LLC, Case No. B279895 (2d Dist., Div. 1 Sept. 14, 2018) (unpublished) is a stark reminder for attorneys representing clients in personal injury cases that they must seriously evaluate CCP § 998 pre-trial settlement offers,
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 Although the CCP § 998 discussion is unpublished, Williams v. The Pep Boys Manny Moe & Jack of California, Case No. A146060 (1st Dist., Div. 4 Aug. 23, 2018) (partially
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
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 In Miller v. Fleming, Case No. A150554 (1st Dist., Div. 1 Aug. 3, 2018) (unpublished), plaintiff sued two defendants mainly for breach of fiduciary duty based on an oral partnership joint venture opportunity.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
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 July 31, 2018) (unpublished), a general contractor won an indemnity dispute against a plumbing contractor under a subcontract with an indemnification/fees clause.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
Result Was Affirmance Of $38,000 Fees Award On One Of Three Cases, But Affirming The Denial Of The Remaining $165,000 Total Request Based On Topical Analysis Above. Contreras v. Silla America, Inc., Case No. B283118 (2d Dist., Div. 3 July 17, 2018) (unpublished) involved a situation where a trial judge decided that an overall
Vacation Pay Award Totaled $28,500, With Prevailing Plaintiff Winning Subsequent Fees Of $495,549.75 And Costs Of $84,035.40. Curran v. Schools of the Sacred Heart-San Francisco, Case Nos. A142615/A143646 (1st Dist., Div. 2 June 5, 2018) (unpublished) was a case where plaintiff, dean of students at defendant, did not have her contract extended after 37
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
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
