Cases: Section 998

Section 998: Prevailing Defendant Reaps Large Successful 998 Offer Award To The Tune Of $514,005.66 Against Unsuccessful Personal Injury Plaintiffs

Cases: Section 998

Case Teaches That 998 Offers Must Be Taken Seriously, With Appellate Court Rebuffing Multiple Technical Challenges To The Underlying Offers.             Rempell v. Hofmann, Case No. A146257 (1st Dist., Div. 4 June 14, 2017) (unpublished) involved a husband and wife suing for personal injuries/loss of consortium against a defendant making two pre-trial Code of Civil […]

Arbitration/Section 998: Appellate Court Provides Guidance On How To Request 998 Fee/Costs Shifting From The Arbitrator Before Merits Determination

Cases: Arbitration, Cases: Section 998

    Basic Lesson Is That Request Can Be Made After Merits Determination, With No Pre-Merits “Notice Alert” To Arbitrator Being Necessary.               Heimlich v. Shivji, Case No. H042641 (6th Dist. May 31, 2017) (published) is a significant appellate decision specifying how a litigant in an arbitration proceeding preserves the ability to obtain recovery

Equity/Section 998:  Gillotti v. Stewart Now Published

Cases: Equity, Cases: Section 998

    Typo In 998 Offer Not Material; Pecuniary Interest Disqualified Attorney From Fees.               On April 27, 2017, we posted on Gillotti v. Stewart, a then unpublished Third District decision which found immaterial typo in a CCP § 998 offer and also disqualified fees for an attorney with a pecuniary interest in the

Equity, Sanctions, Section 998, Special Fee Shifting Statute, Allocation:  Unpublished Decisions In Last Few Days Address Multiple Fee Issues

Cases: Allocation, Cases: Equity, Cases: Sanctions, Cases: Section 998, Cases: Special Fee Shifting Statutes

    Equity—Gilotti v. Stewart, Case No. C075611 (3d Dist. April 26, 2017) (Unpublished):  Section 998 Offer, Typo Notwithstanding Valid, and Attorney’s Self Interest Disqualified Fee Recovery.                   In this construction defect lawsuit, plaintiff was ordered to pay a prevailing grading contractor expert fees under CCP § 998, even though the offer said $49,999

Section 998: Trial Judge Improperly Found CCP § 998 Offer Invalid Based On Failure Of Offeree’s Counsel To Sign It

Cases: Section 998

  Also, Offer Was Valid For Proposing Dismissal Of Plaintiff’s Action With Prejudice.      In Mauzey v. Morschauser, Case Nos. D070681/D070683 (4th Dist., Div. 1 Mar. 3, 2017) (unpublished), a trial judge found a CCP § 998 offer invalid because it was not signed or authorized by offeree’s counsel (apparently counsel’s secretary had signed) and

Prevailing Party/Reasonableness Of Fees/Section 998: Pragmatic Test Made Plaintiff Prevailing Party In Lease Dispute, With All Of Requested Fees Granted

Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 998

  Defense Only Said Our Fees Are Only One Third Of The Request, With Trial Court Not Crediting That Retort.       In Crowdflower, Inc. v. Asher Insights, Inc., Case No. A143235 (1st Dist., Div. 2 Dec. 29, 2016) (unpublished), new office building owner served a CCP § 998 offer in a contentious lease/retaliation dispute with

Section 998: Where Plaintiff Beats 998 Offer Made Jointly By One Of Multiple Defendants, Prevailing Other Multiple Defendant Not Entitled To 998 Expense Shifting

Cases: Section 998

$10,245 Expert Fee Costs Award To One Defendant Reversed, With Appellate Court Noting Split In Intermediate Appellate Thinking But Following Persson and Kahn Over Winston Square Reasoning.       Ebert v. Press, Case No. D069615 (4th Dist., Div. 1 Dec. 21, 2016) (unpublished) is a situation where two defendants put forward a joint and several

Costs/Section 998: $31,955.68 Costs Award, Many Predicated On Successful CCP § 998 Offer, Affirmed On Appeal

Cases: Costs, Cases: Section 998

  Court Reporter Costs Were Fine And 998 Offer Was Reasonable, With Losing Plaintiff Failing To Show Abuse Of Discretion In Costs Imposition Award.     Seafood vendors, Washington, D.C.  Carol M. Highsmith, photographer.  2010.  Library of Congress.      In Anderson v. Seafood City, Case No. B263925 (2d Dist., Div. 1 Dec. 13, 2016) (unpublished), plaintiff

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