Cases: Section 998

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     Foss v. San Antonio Community Hospital, Case No. E057236 (4th Dist., Div. 2 July 28, 2015) (unpublished) was a case prosecuted by plaintiffs against medically affiliated defendants under various […]

Section 998: Iris Weinmann Has Instructive Article On Making And Responding To Section 998 Offers In Employment Matters

Cases: Section 998

  However, Article Actually Explores Nuances Applicable In Non-Employment Matters.      In the June 2015 edition of The Advocate Magazine, attorney Iris Weinmann—a partner in Greenberg & Weinmann (located in Santa Monica)—has authored a very instructive article entitled “Making and responding to CCP 998 offers in employment matters” and subtitled “Dealing with multiple parties, and

Equity, Section 998: Nonprevailing 998 Offeree Saddled With $ 33,198.06 In Costs After Rejecting $7,500 998 Offer Not Beat Following Jury Trial

Cases: Equity, Cases: Section 998

  Plaintiff Only Recovered $2,229, And CCP § 473 Relief Did Not Resonate.      We have to say that in pro per plaintiffs need to beware when confronted with CCP § 998 offers—even though our courts are open to all, in pro per representation is fraught with perils, as Jones v. Pierce, Case No. A139665

Section 998: Two 998 Offers, One On A Complaint And One On A Cross-Complaint, Were Not “The Same” And Were Properly Analyzed In Separate Fashion

Cases: Section 998

  Upshot Is What Prevailing Defendant On Complaint Entitled To 998 Expert Witness Fees.     “Dueling” 998 offers at play under a complaint and a cross-complaint were the subject of scrutiny in Horn v. Rand, Case No. B255051 (2d Dist., Div. 5 June 17, 2015) (unpublished).     Legal malpractice plaintiff failed to accept defendant attorney’s

Section 998: Prevailing Parties Analysis, For Purposes of Section 998, Requires “Separate-Per-Party” Analysis

Cases: Section 998

  However, Trial Court Erred In Denying Section 998 Costs/Expert Fee Recovery To Prevailing Defendant Which Was Indemnified By Second Defendant Not Prevailing Against Plaintiff.     In Litt v. Eisenhower Medical Center, Case No. D067455 (4th Dist., Div. 1 June 19, 2015) (published), defendant #1 served a $15,000 998 offer on plaintiff, who later added

Consumer Statutes, Section 998: Trial Judge Erroneously Denied Prevailing “Lemon Law” Consumer Fees Incurred For Subsequent Work Occurring After Consumer Rejected Initial Settlement Offer And For “Fees On Fees” Work

Cases: Consumer Statutes, Cases: Section 998

  Car Manufacturer’s First And Second Offers Were Different, And “Fees On Fees” Are Recoverable For Fee Motion Work Under Lemon Law Fee Shifting Provision.      California’s “lemon law” has a fee-shifting provision in favor of a prevailing consumer buyer. (Civ. Code, § 1794(d).) Actual time is recoverable under this provision, as long as it

Section 998: Lower Court Did Not Err In Failing To Award Expert Witness Fees To Prevailing Plaintiff Because She Did Not Beat Her 998 Offer

Cases: Section 998

  Reason Was That Only Negotiated Medical Expenses Actually Paid By Her Insurer Should Have Been Considered At The Time Of The Offer.      In Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541, 548 (2011), the California Supreme Court decided that a negotiated rate differential included in a jury’s award in a personal

In The News . . . . Losing Plaintiff Ms. Pao Has A Decision To Make In Gender Discrimination Case Against Kleiner Venture Capital Firm – Drop Any Further Proceedings Or Face Close To $1 Million Fee/Costs Exposure

Cases: Section 998, In The News

  Case Illustrates the Potency of CCP § 998 Offer.      Lots of press coverage was had on Ms. Ellen Pao’s gender discrimination suit against venture capital firm Kleiner Perkins Caufield & Byers. She lost a jury verdict. However, that is hardly the end of the saga.      Apparently, much earlier, the defense had sent

Section 998: Defendants Employee And Employer Were Liable For Expert Witness Fee Expenses After Rejecting 998 Offer In Personal Injury Vehicle Case

Cases: Section 998

  Joint Offer by Plaintiffs, Unapportioned as to Three Defendants, Was Valid.      In Montoya v. Mayfield, Case No. B255995 (2d Dist., Div. 4 April 6, 2015) (unpublished), plaintiffs were involved in a serious accident with a truck driven by defendant employee, who was doing so in the course and scope of his employment by

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