Cases: Section 998

Prevailing Party/Section 998/Section 1717: Plaintiffs In Sewer Easement Dispute With Nearby Defendants Not Entitled To Fees, While Defendants Properly Awarded $478,022 In Fees Under CCP § 998

Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

  Result Was “Mixed” For Plaintiffs, While Plaintiffs Did Not Eclipse Defense 998 Offer.      The result in Smith v. Esmailzadeh, Case No. B239828 (2d Dist., Div. 8 Mar. 19, 2014) (unpublished) illustrates well our Mission Statement that "[a]ll too often attorney fees become the tail that wags the dog in litigation."  Deane Gardenhome Assn. […]

Section 998: Defense Cost Waiver Offer Was Reasonable After Plaintiff Had Case Resolved Adversely Through Two Summary Adjudication Motions

Cases: Section 998

  Cost Waiver Had Value—Over $60,000 In Costs.      Plaintiff brought suit after his vehicle collided with one of defendant’s light rail trains in Kurz v. Santa Clara Valley Transp. Auth., Case No. H039163 (6th Dist. Mar. 18, 2014) (unpublished). Plaintiff’s case was resolved adversely based on two summary adjudication motions, with the defense then

Section 998: $7,002 998 Offers To Car Accident Plaintiffs Losing Their Case Justified Expert Fee Assessment Of $23,251.98

Cases: Section 998

  Despite Large Plaintiff Claimed Medical Expenses, Defense Liability Defenses Can Justify Lower Offers As Being In “Good Faith.”     Settlement.  Cliff Dwellers of the North.  1913.  Library of Congress.       In Jones v. Barnes, Case No. H037971 (6th Dist. Feb. 26, 2014) (unpublished), plaintiffs in a car accident case were defensed, after refusing separate

Appealability/Section 998: Plaintiff’s Failure To Appeal Order To Tax Costs Ruling Was Fatal To Asking For More Expert Witness Fees Via 998 Offer

Cases: Appealability, Cases: Section 998

       Plaintiff won a procuring cause case against a well-known broker, which successfully brought a motion to tax certain costs claimed by plaintiff.      In Praham v. Pickford Real Estate, Inc., Case No. D062477 (4th Dist., Div. 1 Jan. 8, 2014) (unpublished), plaintiff appealed claiming, among other things, he should have obtained an additional

Appealability/Costs/Section 998: Defendant’s Failure To Appeal Motion To Tax Costs Ruling After Entry of Judgment Meant Appellate Court Lacked Jurisdiction To Review Costs Ruling

Cases: Appealability, Cases: Costs, Cases: Section 998

  Appellate Court Followed Fish v. Guevarra, Finding It Was Rightly Decided.      Many times in blogging over the years, we have stressed that postjudgment fees and costs rulings should be separately appealed as a preventive measure. The next case reinforces the prudence in following this general protocol.      Pfeifer v. John Crane, Inc., Case

Section 998: Trial Court’s Entry Of Invalid 998 Offers As Judgment Against Terms Of Acceptance Had To Be Reversed

Cases: Section 998

  Plaintiff’s Inclusion of Acceptance Terms Being Filed With Court Meant 998 Offers Were Not Valid Statutory Offers, But Were Valid Non-Statutory Offers Not Accepted Correctly.      Arreola v. Napole, Case No. B239467 (2d Dist., Div. 7 Oct. 15, 2013) (unpublished) is an interesting case of 998 offers which likely were not authorized, but in

Insurance/Section 998: Nothing Improper In Trial Court Considering Whether An Insurer Could Be Liable For An Excess Judgment In Evaluating Reasonableness Of 998 Offer to Insured

Cases: Insurance, Cases: Section 998

  Second District, Division 8 Is Not Going To Be First Court To So Hold to the Contrary.      In Aguilar v. Gostischef, Case No. B238853 (2d Dist., Div. 8 Oct. 13, 2013) (published), a plaintiff losing a leg in an automobile accident made pre-trial offers to attempt to accept defendant’s insured’s $100,000 policy limits

Scroll to Top