Cases: Section 998

Request For Admissions, Section 998: Prevailing Defendants Entitled To $108,000 In Costs-Shifting Under Section 998 And $39,140 For RFA Unreasonable Denials

Cases: Requests for Admission, Cases: Section 998

Opinion Shows How Substantial Expenses Can Be Shifted.                Doe v. Accor Hotels & Resorts, LLC, Case No. A167247 et al. (1st Dist., Div. 3 July 21, 2025) (unpublished, posted on July 22, 2025) was where a prevailing defendant group won $108,000 based on a successful CCP § 998 offer and $39,140 (out of a […]

Section 998: Defendants Held Jointly And Severally Liable Did Not Beat Jury Verdict So As To Escape Costs Under Section 998

Cases: Section 998

No Non-Economic Damages Were Sought In Vehicle Property Injury Case, So Appealing Defendants Did Not Fashion A Successful 998 Offer.                Defendants were held jointly and severally liable in a vehicle property injury matter where plaintiff recovered a $204,528 jury verdict damages award as against them and others, based on damages to plaintiff’s truck and

Section 998: Cross-Defendant’s 998 Offer Was Invalid, So It Did Not Dilute Recovery By Defendant/Cross-Complainant On Other Defense Claims

Cases: Section 998

Be Careful What You Put In Your 998 Offers, Don’t Overreach.                In T&R Painting and Drywall v. Town Building & Development, Case Nos. B330375 et al. (2d Dist., Div. 6 June 17, 2025) (unpublished), there was a convoluted dispute between a plaintiff subcontractor and a defendant general contractor, with general contractor bringing a cross-complaint

Section 998: Rejected Defense Offer Of $15,000, Where Plaintiff Recovered Nothing, Justified Award Of Defense Costs Request In An Unruh Act Case

Cases: Section 998

Defense Was Awarded $67,313.97 Under § 998, Applicable To Unruh Act Claims.                In Hughes v. Target Corp., Case No. H050996 et al. (6th Dist. Apr. 22, 2025) (unpublished), plaintiff brought an Unruh Act claim against defendant based on an altercation with Target’s security guard.  She lost.  Earlier, she had rejected a $15,000 CCP §

Cases Under Review, Section 998: California Supreme Court Decides That CCP § 998 Costs-Shifting Applies To Pre-Trial Settlements

Cases: Cases Under Review, Cases: Section 998

. . . Although The Parties Are Free To Allocate Costs Differently Under Their Settlement.                The California Supreme Court in Madrigal v. Hyundai Motor America, Case No. S280598 (Cal. Sup. Ct. Mar. 20, 2025) (published) decided that CCP § 998 offers do apply to pretrial settlements, rather than just judgments or arbitration awards, for

Section 998: Seven Months Into Litigation, Med Mal Plaintiff Rejecting Section 998 Offer Properly Saddled With Costs-Shifting, Including Expert Witness Fees

Cases: Section 998

Acceptance Line With Request For Dismissal Was No Defect, With The Offer Made In Good Faith Based On Informative Litigation Activities.                In Standage v. Bruno, Case No. A165207 (1st Dist., Div. 5 Jan. 29, 2025) (unpublished), med mal plaintiff lost a case after the jury returned a defense verdict after less than two hours

Judgment Enforcement, Section 998: 998 Rejecting Plaintiff’s Post-judgment Fee Request To Obtain Defense 998 Cost And Fees Was Righteous And Should Have Been Allowed

Cases: Judgment Enforcement, Cases: Section 998

Section 998 Governed Prejudgment Issues, But 998 Offer Costs And Fees Enforcement Activities Were Governed By Post-judgment Enforcement Statutes.                In Elmi v. Related Management Co., L.P., Case No. G062788 (4th Dist., Div. 3 Jan. 8, 2025) (unpublished), plaintiff rejected a defense CCP § 998 offer, with the case resolved for less than the amount

Section 998: Although Finding “The Defendant” Language Ambiguous And No Relevant Legislative History, 2/1 DCA Finds Unaccepted 998 Cost-Shifting Penalties Are Applicable Against A Personal Representative When Defendant Died After Rejecting 998 Offer

Cases: Section 998

Policy of Encouraging Settlements Cemented This Conclusion.                In an interesting unpublished opinion, Calleja v. Udewitz, Case No. B319906 (2d Dist., Div. 1 Dec. 30, 2024) (unpublished), the 2/1 DCA decided that CCP § 998’s cost-shifting penalties applied to a subsequent personal representative of a deceased defendant not accepting a 998 offer before his death

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