Cases: Section 998

Section 998: Lack Of Acceptance Language Was Fatal To 998 Offer Validity

Cases: Section 998

  Second District, Division 5 Follows Puerta.      Although not involving attorney’s fees, we report that the Second District, Division 5 in Boeken v. Philip Morris USA Inc., Case No. B236875 (2d Dist., Div. 5 July 9, 2013) (partially published) did follow Puerta v. Torres, 195 Cal.App.4th 1267, 1272 (2011), a Fourth District, Division 3 […]

Costs/Lodestar/Multiplier/Section 998: $989,258 Plaintiff Fee Award Affirmed Under Bane Act

Cases: Costs, Cases: Lodestar, Cases: Multipliers, Cases: Section 998

  Additional Costs Awards for Experts and Trial Technology Also Sustained.      In Bender v. County of Los Angeles, Case No. B236294 (2d Dist., Div. 8 July 9, 2013) (published), plaintiff won an excessive police force Bane Act suit, with the Bane Act containing a fee-shifting clause. The lower court also awarded $989,258 to plaintiff

Costs/Section 998: Winning 998 Winner Did Not Have To Allocate Costs Among “Lockstep” Plaintiffs In Costs Memorandum Where Plaintiffs Were Represented By Same Attorney

Cases: Allocation, Cases: Costs, Cases: Section 998

  Apportionment May Be Required In Response to Motion to Tax Costs, But Trial Court Erred By Not Allowing Allocation After Raising Apportionment Objection Sua Sponte.      Justice Bedsworth, for a 3-0 panel, held in Morris v. Wilson, Case No. G047534 (4th Dist., Div. 3 June 20, 2013) (unpublished) that a defendant is not required

Section 998: Where Plaintiffs Serves Two Unaccepted 998 Offers, And Neither Offer Is Beat by the Defense, Plaintiff Can Recover Expert Fees Incurred From The Date Of the First Unaccepted 998 Offer

Cases: Section 998

  Trial Courts Possess Discretion to Control Any Gamesmanship in 998 Process.      The California Supreme Court has spoken on the issue of recovery of expert witness costs where plaintiff has presented two unaccepted pretrial settlement offers under Code of Civil Procedure section 998, neither of which is beat by the balking offeree.      In

Arbitration: Arbitration Costs Properly Not Awarded Because Section 998 Cost-Shifting Issue Not Submitted To Arbitrator

Cases: Arbitration, Cases: Section 998

  However, Matter Remanded Because Judicial Confirmation Proceedings Costs Were Recoverable and Erroneously Not Awarded.      Watson v. Knorr, Case No. H036430 (6th Dist. May 13, 2013) (unpublished) is a case where plaintiffs won a $1.1 million arbitration award “plus costs under the Code of Civil Procedure.” Plaintiffs never submitted costs issues to the arbitrator,

Sanctions/Section 998/Costs/Private Attorney General: Four-In-One Post Unpublished Quartet

Cases: Costs, Cases: Private Attorney General (CCP 1021.5), Cases: Sanctions, Cases: Section 998

Sanctions–Spahl v. Santiago, Case No. B236369 (2d Dist., Div. 2 May 9, 2013) (Unpublished).     In this one, plaintiffs sanctioned under CCP § 128.7 argued that defendants' inclusion of a request for dismissal in its motion for sanction rendered the sanctions request invalid. Not so, because simply doing this did not contravene underlying any statutory purpose

Section 998: Joint Offer To Wrongful Death Plaintiffs Was Valid

Cases: Section 998

  Fifth District Sides With Johnson On Appellate Split in Thinking.      McDaniel v. Asunsion, Case No. F064240 (5th Dist. Mar. 27, 2013) (published) is a situation where the Fifth District had to consider the issue of whether a joint offer made to multiple wrongful death plaintiffs was invalid under Code of Civil Procedure section

Insurance/Section 998: Trial Court Did Not Err In Only Awarding $195 In Brandt Fees To Insured Or Denying Expert Witness Fees To Winning 998 Offeror As Not Necessary To the Litigation

Cases: Insurance, Cases: Section 998

       Often times, the abuse of discretion standard of review dictates results in cases involving fee or fee-shifting cases. That was the situation in Employers Ins. Co. of Wausau v. Rick Concrete Constr. Co., Case No. D058134 (4th Dist., Div. 1 Mar. 8, 2013) (unpublished).      There, the insured requested $185,915 in Brandt fees,

Arbitration/Section 998: Winning Party In Arbitration Correctly Refused Expert Witness Fees Under Section 998 By Trial Court

Cases: Arbitration, Cases: Section 998

  Witness Fees Issue Should Have Been Presented to Arbitrators, Not to Trial Court in Post-Award Confirmation Stage.      Wells Fargo Advisors, LLC v. Fenandez, Case No. E055058 (4th Dist., Div. 2 Feb. 13, 2013) (unpublished) is a lesson for all winners in an arbitration seeking to recoup costs and expenses after prevailing: present the

Costs/Section 998: Fact That Acceptance Proposal Was Separate Document From 998 Offer Did Not Render It Invalid

Cases: Costs, Cases: Section 998

  “Bear Costs” Language In Offer Trumped Surplusage “Plaintiff Can File Costs Bill” In Acceptance Proposal.      Whatley-Miller v. Cooper, Case No. B237335 (2d Dist., Div. 8 Jan. 15, 2013) (published) is an interesting add-on to the prolific increase in cases we have seen under Code of Civil Procedure section 998 pretrial offer jurisprudence.     

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