Cases: Section 998

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 May 13, 2013) (unpublished) is a case where plaintiffs won a $1.1 million arbitration award “plus costs under the Code of Civil Procedure.”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Sanctions/Section 998/Costs/Private Attorney General: Four-In-One Post Unpublished Quartet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Sanctions–Spahl v. Santiago, Case No. B236369 (2d Dist., Div. 2 May 9, 2013) (Unpublished).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 Co., Case No. D058134 (4th Dist., Div. 1 Mar. 8, 2013) (unpublished).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      Wells Fargo Advisors, LLC v. Fenandez, Case No. E055058 (4th Dist., Div. 2 Feb. 13, 2013) (unpublished) is a lesson for all winners in an arbitration seeking to recoup costs and expenses after prevailing: present the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.     

Section 998: Co-Contributor Mike Completed Survey of Section 998 Decisions Of Interest In 2012 In Recent Orange County Lawyer Article

Cases: Section 998

       Because all of us must now rebound from lots of Holidays feasts and Bowl games, we inform you that co-contributor Mike has written a published article, “CCP § 998 Fees/Cost Shifting: Outburst of Decisions in this Area,” available for reading in the January 2013 edition of the Orange County Lawyer. The article surveys

SECTION 998: Defendant Bummed By Not Being Declared Prevailing Party Because Plaintiff Did Beat 998 Offer Under Its Complaint

Cases: Section 998

  Result Sustained Although Plaintiff Did Not Beat 998 Offer Based on Cross-Complaint Offset, Because Cross-Complaint Had Not Yet Been Filed.      Atlas Constr. Supply v. American General Constructors, Case No. B232368 (2d Dist., Div. 3 Dec. 19, 2012) (unpublished) is an interesting decision showing how a plaintiff can beat out a defense claim of

Section 998: Losing Plaintiffs Had To Pay Expert Witness Fees Of About $80,000 To Successful Defendants In Medical Malpractice Case

Cases: Experts, Cases: Section 998

       Plaintiffs lost their medical malpractice/loss of consortium case against several defendants, and were then hit with about $80,000 in expert witness fees as costs because they did not beat defendants’ CCP § 998 offers. They argued principally on appeal, in Petrou v. Trites, Case No. B226747 (2d Dist., Div. 4 Dec. 13, 2012)

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