Cases: Section 998

Requests For Admissions/Section 998: $51,269.20 Refusal To Award Plaintiff Costs-Of-Proof Sanctions And Grant of $35,092.50 Costs Award To Defense Based On 998 Offer Rejection—Both Determinations Affirmed On Appeal

Cases: Requests for Admission, Cases: Section 998

  Lower Court Reasonably Exercised Discretion on Costs-of-Proof Sanctions Request and Correctly Found $100,000 998 Offer Was Reasonable.      In Harman v. Safeway, Inc., Case No. A134891 (1st Dist., Div. 2 June 17, 2014) (unpublished), plaintiff won a $5,060 personal injury jury verdict against Safeway after he was hit by a runaway grocery cart. Before […]

Civil Rights/Reasonableness Of Fees/Section 998: $30,000 Fees And Zero Costs To Plaintiff Accepting 998 Offer In Civil Rights Case No Abuse Of Discretion

Cases: Civil Rights, Cases: Reasonableness of Fees, Cases: Section 998

Plaintiff Wanted $93,421.50 in Fees and $7,609.19 in Costs.      Arguing that a lower court erred in fixing the amount of a fee award is a tough proposition given that a deferential abuse of discretion review standard applies. Plaintiff learned that all too well in Nickel v. ARB, Inc., Case No. G048500 (4th Dist., Div.

Allocation/Reasonableness Of Fees/Section 998/Section 1717: $327,553 Fee Award To Plaintiff Residential Tract Developer, Which Won $126,818.62 At Trial, Sustained Under Broad Contractual Fees Clause

Cases: Allocation, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Section 998

  Section 998 Calculation of Preoffer Fees/Costs Sealed the Result.      Frontier Land Companies v. Jeld-Wen, Inc., Case No. C064351 (3d Dist. May 22, 2014) (unpublished) is a case involving contractual/indemnity claims by plaintiff residential home builder against defendant window/door subcontractor. At trial, plaintiff claimed damages of $245,066.82, but the defense countered damages were at

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      The result in Smith v. Esmailzadeh, Case No. B239828 (2d Dist., Div. 8 Mar. 19, 2014) (unpublished) illustrates well our Mission Statement that "[a]ll too often attorney fees become the tail that wags the dog in litigation."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

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