Joint Offer Could Be Assessed, Plus 998 Offer Condition Of Verifying Existence of Insurance Limits Did Not Void The Offer. In Markow v. Rosner, Case Nos. B260715/B262530 (2d Dist., Div. 1 Oct. 4, 2016) (published), husband and wife won an eventual medical malpractice/loss of consortium action against doctor and Cedars-Sinai Medical Center to […]
Article Is In September 2016 Edition. In the September 2016 edition of The Orange County Lawyer, Joshua G. Simon has authored an article entitled “Minding the Statutory Offer to Compromise: A Review of Basic Mechanics, Recent Developments, and Common Misconceptions.” Here is a summary of some highlights we picked up from Mr. Simon’s
Compensatory/Punitive Award To Winning Plaintiffs Was Only $88,270. This next case illustrates how Code of Civil Procedure section 998 can be a true costs-shifting statute of importance, given that the expert witness fees and other routine costs outstripped the compensatory and punitive damages award to the winning plaintiffs. In Arnold v. Padrah,
Although Identification Of Releasing Parties Does Not Invalidate An Offer, Inclusion of General Release/Section 1542 Waivers Did Void The Offer. Freight train operations on the Chicago and Northwestern Railroad between Chicago and Clinton, Iowa. The rear brakeman signals the engineer to apply and release the brakes as a test. This is the "release" sign.
Procedural, Bad Faith 998 Offer, And Late-Filed Motion To Tax Costs Arguments Rebuffed On Appeal. In Dinh v. Lejano, Case No. H041828 (6th Dist. May 31, 2016) (unpublished), plaintiff won $12,000 in a personal injury case, obtaining a jury verdict for past medical expenses but not subsequent treatments/pain and suffering. The jury also
Setoff Language Of CCP § 877 Also Supported Result. Tuttle v. Ukiah Adventist Hospital, Case No. A144759 (1st Dist., Div. 1 May 31, 2016) (unpublished) was an uncontested slip-and-fall case from a liability perspective, with plaintiffs obtaining several pre-trial settlements but eventually winning a jury verdict as to one non-settling defendant, with set-off
Both Went Away Unhappy, We Assume. In Russo v. Bank of America, Case No. D067623 (4th Dist., Div. 1 May 17, 2016) (unpublished), borrower and lender won some sides of claims in an impound dispute, although plaintiff borrower eventually won $523.14 based on a contract with a fees clause after seeking $795,000 plus
Lots Of Monetary Awards Were Requested By The Defense, But Nixed. Above: East bound Union Pacific railroad freight train waiting in a siding, Alray, Calif. Coming up through Cajon Pass. March, 1943. Jack Delano, photographer. Library of Congress. Ammari v. Union Pacific Railroad, Case No. G052290 (4th Dist., Div. 3 Apr. 28, 2016)
Matter Remanded To Reconsider Routine Costs Awardable To Plaintiff. Sanford v. Rasnick, Case No. A145704 (1st Dist., Div. 2 Apr. 25, 2016) (published) involved a situation where plaintiff motorcyclist sued defendants owner/driver of a car. Defendants made a joint, unapportioned pretrial CCP § 998 offer of $130,000, but plaintiff recovered less after various
This Is A Change From Prior Law. Toste v. CalPortland Construction, Case No. B256946 (2d Dist., Div. 6 Mar. 2, 2016) (published) is an important 2016 decision construing an important 2015 amendment to Code of Civil Procedure section 998, the section relating to pretrial offers to compromise. The most post-worthy portion of
