Cases: Section 998

Intellectual Property, Section 998, Section 1717: Prevailing Defendants Properly Denied Fee Recovery, But Improperly Denied Expert Witness Fees

Cases: Intellectual Property, Cases: Section 1717, Cases: Section 998

  No Need to Provide Declarations From Expert Witness Fee In Support Of Expense Request Under CCP § 998.      What happened in Nations Title Co. of Calif. v. Security Union Title Ins. Co, Case Nos. B250490/B253840 (2d Dist., Div. 3 Jan. 25, 2016) (unpublished), was that defendants won a jury verdict on a breach […]

Section 998: County’s CCP § 998 Offer Was Not Reasonable In Nature, Resulting In Reversal Of $12,028.33 Expert Witness Fee Award Against Losing Plaintiffs In Dangerous Road Case

Cases: Section 998

  Waiver of Costs Offer Not Reasonable Given Plaintiffs Had Severe Injuries and Expert Witness Discovery Had Not Even Commenced.      In order for offers under CCP § 998 to be held reasonable and in good faith, timing is everything – offerors need to make 998 offers at a juncture of the case where both

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 Nov. 23, 2015) (unpublished) is a situation where a defendant attorney won a legal malpractice action against plaintiff ex-client, after having denied liability throughout the case and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

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