Cases: Section 998

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      In Montoya v. Mayfield, Case No. B255995 (2d Dist., Div. 4 April 6, 2015) (unpublished), plaintiffs were involved in a serious accident with a truck driven by defendant employee, who was doing so in the course and scope of his employment by

Cases Under Review, Employment, Prevailing Party, Section 998: Employer Accepting 998 $20,000 Offer From Former Employee In Wage/Hour Suit Assessed With $162,434.25 In Fees Under Labor Code Section 1194 Given 998 Offer Was Silent On Fees/Costs

Cases: Cases Under Review, Cases: Employment, Cases: Prevailing Party, Cases: Section 998

  $202,882.50 In Fees Had Been Requested.      Portugal v. Sewer and Pipeline Contractor, Inc., Case No. B251730 (2d Dist., Div. 3 Mar. 18, 2015) (unpublished) dealt with a former employee suing an employer for minimum wage/overtime compensation violations. Employee served a 998 offer, which did not allocate a $20,000 settlement offer among claims and

Costs, Interest, Section 998: Prejudgment Interest Not Allowable On Costs Awards, 4/1 DCA Rules

Cases: Costs, Cases: Interest, Cases: Section 998

  Court of Appeal Did Affirm 998 Cost-Shifting As To Rejected 998 Offer.      In Bean v. Pacific Coast Elevator Corp., Case No. D064587 (4th Dist., Div. 1 Mar. 10, 2015) (partially published; prejudgment interest on costs discussion published/998 costs discussion not published), plaintiff won a substantial $1.271 damages award resulting from a rear end

Section 998 Two-Fer: Defendants Entitled To 998 Cost-Shifting Where One Case Dismissed On Eve Of Trial And Another Nonsuited By Court

Cases: Section 998

  Gregory v. Abou-Samra, Case No. B253223 (2d Dist., Div. 6 Mar. 9, 2015) (Unpublished).      In this one, an assistant surgeon and employer of the primary surgeon (the latter settling out earlier) in a medical malpractice/fraud action sent plaintiff a CCP § 998 offer to waive all costs and malicious prosecution rights in exchange

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

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