Cases: Section 998

Allocation, Employment, Reasonableness Of Fees, Section 998: Costs-Shifting Under CCP § 998 Displaced By More Specific Labor Code Provisions Relating To Costs For Or Against A Prevailing Employee

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

However, In Unpublished Part Of Decision, Appellate Court Affirmed A Small Fee Award Where Counsel Failed To Follow Lower Court’s Supplemental Briefing/Proof Instructions.                Chavez v. California Collision, LLC, Case No. A167658 (1st Dist., Div. 3 Dec. 10, 2024) (partially published; fee discussion unpublished) is part of a continuing trend for appellate courts to honor […]

Section 998: Simultaneous Alternative Offers Are Generally Invalid And Offer To Pay Undisputed Amount With Offer To Resolve Disputes Through A Resolution Process Are Also Invalid

Cases: Section 998

However, In A Split Opinion, Justices Do Not Agree On Whether A Valid Offer Under The Simultaneous Process Can Still Allow For Fee- And Costs-Shifting.                Here is a case which might be a candidate for California Supreme Court review, prompting a split decision on some interesting CCP § 998 issues.                In Gorobets v.

Celebrities, Reasonableness Of Fees, Section 998: The Offspring’s Former Drummer Lost A Contractual Interpretation Dispute, With $856,818 In Contractual Fees Affirmed On Appeal

Cases: Celebrities, Cases: Reasonableness of Fees, Cases: Section 998

Defense Section 998 Offers Found Not To Be Uncertain.                Ron Welty, former drummer of the band The Offspring, sued the band and other affiliated defendants on a contractual interpretation over royalties, with there being a contractual fees clause at issue.  He asked for $2.9 million in damages, but he recovered nothing.  The defendants then

Section 998: Fees And Costs Award Under An Accepted 998 Offer With A Time Cut Off For Awarding These Components Was Reversed Based On The Time Cut-Off

Cases: Section 998

Costs And Fees After The Time-Cut Off Were To Be Stricken On Remand.                Where an unambiguous CCP § 998 offer has a time cut-off with respect to awarding fees and costs, that will be legally honored.   That is what occurred in Olbert v. Mercedes-Benz USA, LLC, Case No. B327402 (2d Dist., Div. 4 Sept.

Employment, Reasonableness Of Fees, Section 998: FEHA Plaintiff Finally Winning $1.25 Million In a Third Jury Trial, After An Earlier Appellate Reversal On The First Trial And A New Trial On The Second Trial, Was Properly Awarded $3,264,906 In Fees

Cases: Employment, Cases: Reasonableness of Fees, Cases: Section 998

Both Sides Appealed, But Their Challenges Were Unsuccessful.                Simers v. Los Angeles Times Communications LLC, Case No. B323715 (2d Dist., Div. 8 Aug. 30, 2024) (published) involved a long-standing dispute between plaintiff T.J. Simers, a controversial columnist, and defendant L.A. Times involving constructive termination, age discrimination, and disability discrimination claims under FEHA.  Needless to

Section 1717, Section 998: Because Plaintiff Voluntarily Dismissed Its Unlawful Detainer Action Without Prejudice, Santisas Prevented Recovery Of Contractual Attorney’s Fees By The Other Side Despite The Winning 998 Offer

Cases: Section 1717, Cases: Section 998

However, Plaintiff Did Pay The Other Side $118,372.65 In Routine Costs.                In Riverside Mining Limited v. Quality Aggregates, Case No. E081228 (4th Dist., Div. 2 Aug. 19, 2024) (published), Quality leased 73 acres from Riverside Mining, operating a quarry on the land.  Quality brought a civil lawsuit against Riverside Mining for infringing its leasehold,

Section 998: Plaintiff University Student Owed Judgments Against Two Defendants As A Result Of A Successful Section 998 Offer

Cases: Section 998

Costs Shifting Frequently Can Be The Result With A Well-Crafted 998 Offer.                Plaintiff student sued Loyola Marymount University and Los Angeles Television Access Corporation (Access) for premises liability and negligence after Access’ photography light fell on student.  After a bench trial, University was held blameless, and student won $22,834 in damages against Access.  However,

Section 998: Lower Court Properly Entered Judgment On An Accepted 998 Offer

Cases: Section 998

The Defense Did Not Timely Withdraw Its Offer Before Acceptance, And The 998 Offer Did Contemplate Entry Of A Judgment Based On The Parties’ Conduct.                Courts encourage settlements and acceptance of CCP § 998 offers, if structured correctly.  They generally do not honor untimely attempted withdrawals of those offers after acceptance.  That is what

Section 998: Where Respondent Made A Counteroffer to A Section 998 Offer, Lower Court Erred In Entering Judgment Under This Scenario

Cases: Section 998

Judgment Was Void On Its Face.                A judgment based on acceptance of a CCP § 998 offer was found void because the accepting party made a counteroffer in Endrawes v. Mitchell, Case No. B330916 (2d Dist., Div. 6 July 16, 2024) (unpublished).  There, a defendant accepted a 998 offer but added language indicating appellant

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