Cases: Section 998

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 Feb. 18, 2015) (unpublished) aptly illustrates.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      Plaintiff in Arias v. McDaris, Case No. B254163 (2d Dist., Div. 8 Dec. 5, 2014) (unpublished) was a personal injury claimant suing two defendants, a car driver and the one alleged to have negligently entrusted the car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

Appealability/Section 998: Loser’s Failure To Appeal Postjudgment Cost-Shifting Order Waived Challenge To Order Denying Tax Costs Motion

Cases: Appealability, Cases: Section 998

  Gotta Separately Appeal the Postjudment Order.      Albert v. Baccouche, Case No. B249798 (2d Dist., Div. 5 Sept. 2, 2014) (unpublished) is yet another reminder of what we have harped on in many posts: separately appeal a postjudgment costs/fee order in order to preserve a challenge to the order. Here, litigant hit with some

Section 998/Settlement: 998 Offer Geared To Entry of Judgment, Which Occurred, Meant No Additional Release Had To Be Signed By Accepting Offeree Dismissing The Action

Cases: Sanctions, Cases: Section 998

  And . . . 998 Offer Silence On Fees And Costs Resulted In Fee Recovery By Accepting Plaintiff Under Labor Code Section 218.5.      Briscoe v. The Painted Nail, Case No. B252066 (2d Dist., Div. 7 Aug. 20, 2014) (unpublished) illustrates how a CCP § 998 offeror needs to be careful in the drafting

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