Cases: Section 998

Appealability/Section 998: Nonfinal Fee Recovery With No Fixed Amount Awarded Affirmed, But Premature; 998 Expert Witness Award Reversed Because Uncertain If Plaintiff Prevailed Based On Unfixed Fee Award

Cases: Appealability, Cases: Section 998

Confusion Amok – But Fee and Expert Witness Fee Recovery Awaited Subsequent Determinations.     JMR Construction Corp. v. Environmental Assessment and Remediation Mgt., Inc., Case No. H039055 (6th Dist. Dec. 30, 2015) (partially published; fee and expert witness fee discussions not published) just goes to show you that fee and 998 recoveries will not have […]

Section 998: 998 Offer Was Not In Bad Faith When Costs Were Offered To Be Waived In Case Where Defense Denied Liability Throughout

Cases: Section 998

  Even a Modest 998 Offer Is Sustainable If Defense Is Strong.      Welch v. Kemp, Case No. H041311 (6th Dist. Nov. 23, 2015) (unpublished) is a situation where a defendant attorney won a legal malpractice action against plaintiff ex-client, after having denied liability throughout the case and after plaintiff rejected a 998 offer to

Section 998: Defendant Winning Workers’ Compensation Exclusivity Defense In Asbestos Case Properly Awarded $80,719 In Expert Witness Fees

Cases: Experts, Cases: Section 998

  Section 998 Offer Was Reasonable And Expert Fees Did Not Have To Be Tied To Issue Eventually Won.     In Melendrez v. Ameron International Corp., Case Nos. B256928/B259423 (2d Dist., Div. 4 Sept. 17, 2015) (published), defendant won an asbestos suit against plaintiffs in a wrongful death suit based on the workers’ compensation exclusivity

Deadlines/Section 998: Dismissed Defendants Under Rejected Joint 998 Offer Must Await Judgment Against Remaining Defendants Before Expert Fee Shifting Can Be Determined—998 Fee Shifting Determination Was Premature

Cases: Deadlines, Cases: Section 998

  Also, Service Of Judgment Electronically Extended The Time To File/Serve Costs Memorandum.     In a very detailed published decision, the Second District, Division 3 confronted two issues:  (1) whether a costs memorandum filed 17 days after electronic service of a notice of entry of judgment was timely, and (2) whether some dismissed defendants in

Probate, Requests For Admissions, Section 998: Lower Court Properly Denied Probate Estate’s Request For Costs-Of-Proof Sanctions And Routine Costs

Cases: Probate, Cases: Requests for Admission, Cases: Section 998

  Section 998 Inapplicable In Probate Proceeding.     In a dispute involving the reformation of the terms of a “tontine” or survivalist partnership agreement, a probate estate was denied “costs-of-proof” attorney’s fees under Code of Civil Procedure section 2033.420 and had stricken its memorandum seeking post-remand costs based on Code of Civil Procedure section 998

Requests For Admission/Section 998: Losing Defendant Actually Won A Net Judgment After Section 998 Fee-Shifting Occurred Based On Successful 998 Offer

Cases: Requests for Admission, Cases: Section 998

  Although Suffering $8,210 “Net” Adverse Jury Verdict, Section 998 Expert Witness Fees/Other Costs Actually Resulted In Positive Award To Defense.     Talk about a Code of Civil Procedure section 998 offer being a “game changer,” it was that in the next case and with football season looming, should be heeded by all litigators no

Allocation, Employment, Section 998: Plaintiff Accepting 998 Offer Entitled To Labor Code Fees For Inextricably Intertwined Wage-Hour/Overtime/Failure To Maintain Records Claims

Cases: Allocation, Cases: Employment, Cases: Section 998

  Although Meal And Rest Break Claims Would Not Trigger Fee Recovery, Other Claims Did The Trick.      Barnes v. Cedars-Sinai Medical Center, Inc., Case No. B255034 (2d Dist., Div. 1 July 29, 2015) (unpublished) is an interesting 998/apportionment case which has some lessons for both plaintiffs and the defense in the Labor Code violations

Consumer Statutes, Costs, Section 998: Plaintiff Losing Consumer Legal Remedies Act Claim Properly Exposed To Costs, Expert Witness Fees, And Attorney’s Fees

Cases: Consumer Statutes, Cases: Costs, Cases: Section 998

  No Costs Allocation Between Plaintiffs Required, 998 Offer Shifted Expert Witness Fees, And Prosecution Of CLRA Claim At Trial Was Not In Good Faith.     Foss v. San Antonio Community Hospital, Case No. E057236 (4th Dist., Div. 2 July 28, 2015) (unpublished) was a case prosecuted by plaintiffs against medically affiliated defendants under various

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