Cases: Section 998

Allocation, Fee Clause Interpretation, Section 998: Defendant Prevailing Under Fees Clause Entitled To Unapportioned Fee Recovery, Another Plaintiff Not Entitled To Fees Given Failure To Show Fees Clause Was Part Of Contract, And Defendant Properly Denied

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Section 998

  Olio Of Fees/Costs Issues Confronted By 4/1 DCA In Unpublished Decision. About olio: Is there that o’re his French ragout Or olio that wad staw a sow, Or fricassee wad mak her spew Wi’ perfect scunner, Looks down wi’ sneering, scornfu’ view On sic a dinner?      — Robert Burns      Cosco Fire Protection, […]

Allocation, Fee Clause Interpretation, Lodestar, Reasonableness Of Fees, Section 998: Prevailing Attorneys In Collection Suit Against Ex-Client Sustain $1.532M Fee Award And $123K Expert Witness Fee Award On Appeal When Attorneys Recovered Base Collection

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: Section 998

  Fees Clause Was Broadly Worded, Former Attorneys Represented Client In Seven Suits, and Section 998 Rejection Gave Rise to Expert Witness Fee Award.      This next opinion, Calvo Fisher & Jacob LLP v. Lujan, Case No. A139863 (1st Dist., Div. 2 Feb. 19, 2015) (published), is must reading for both litigants and attorneys involved

Costs, Section 998, Sanctions: Plaintiffs Prevailing In Boundary Dispute Entitled To Costs For Uncalled Expert Witness And Defendant Properly Assessed Sanctions For Filing Untimely Discovery Sanctions Motion

Cases: Costs, Cases: Sanctions, Cases: Section 998

       Costs and sanctions are generally discretionary matters, even if the record might show a different conclusion could have been reached. Appellate courts are loathe to disturb a trial court’s conclusion in such matters, as Sdun v. Patterson, Case No. C070623 (3d Dist. Feb. 18, 2015) (unpublished) aptly illustrates.      There, plaintiffs won a

Section 998: 998 Offer Invalid Where Made To One Plaintiff Wearing “Two Hats” And Offer Not Clear What “Hats” Were Subject To The Offer

Cases: Section 998

  Gotta Make It Clear Where Plaintiff Wearing “Two Hats.”      Defendants in an auto accident case moved for recovery of postoffer costs after plaintiffs rejected a Code of Civil Procedure section 998 offer of $5,001 to Jenna Lane in a case involving Jenna Lane, individually and as a guardian ad litem for Allison, and

Consumer Statutes, Costs, Prevailing Party, Section 998: Car Plaintiff In Song-Beverly/Magnuson-Moss Dispute Properly Denied Fees But Entitled To Costs

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

  Car Manufacturer Defendant Prevailed For Fees, But Might Be Liable For Some Routine Costs.      Actually, we can say that counsel for Mercedes-Benz in this case made some good moves as far as mitigating fee/costs exposure. M-B was embroiled in a gripe from a car owner about excessive multiple repairs. Car owner sued, but

Section 998: Personal Injury Plaintiff Entitled To 998 Costs When Verdict Against 998 Defendant Offeree Beat Plaintiff’s 998 Offer

Cases: Section 998

  Not Unreasonable to Make Offer to One Defendant, At Insurance Policy Limit, to Detriment of Co-Defendant.      Plaintiff in Arias v. McDaris, Case No. B254163 (2d Dist., Div. 8 Dec. 5, 2014) (unpublished) was a personal injury claimant suing two defendants, a car driver and the one alleged to have negligently entrusted the car

Prevailing Party/Section 998/Section 1717/Reasonableness Of Fees/Celebrities: $125,000 Fee Award To Landlord Under Section 1717 Affirmed, Rejecting Defense Challenges To 998 Rejection Arguments

Cases: Celebrities, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Section 998

  However, “Prevailing” Landlord Did Not Garner 998 Postoffer Expert Fees or Get More Fees, In Case Implicitly Founded “Over Litigated” By Lower Court—With Landlord Trying To Get $365,000-$387,000 In Fees.      If you have followed us over the years (we thank you for those that have, hoping we have provided some insights, or welcome

Section 998: Defense Offer Of $30,000 Not In Bad Faith Where Insurance Company Ultimately Prevailed At Trial

Cases: Section 998

  Summary Judgment Denial Earlier Did Not Mean Offer Was Unreasonable.      In Najah v. Scottsdale Ins. Co., Case Nos. B241097/B245960 (2d Dist., Div. 4 Sept. 30, 2014) (published), defendant insurance company won in a credit bid/pre-foreclosure insurance proceeds dispute after making a rejected $30,000 CCP § 998 offer to the plaintiff side. Ultimately, the

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