Cases: Section 998

Section 1717/Section 998: “Pocketbook” Considerations Should Not Factor Into Civil Code Section 1717 Contractual Fee Award

Cases: Section 1717, Cases: Section 998

  Failure to Award 998 Offer Costs Reversed, Including Refusal to Compensate For Excluded Expert Testimony Whose Admissibility Was Uncertain, But Maybe Necessary. Above:  Pocketbook considerations.  1942.  Arthur S. Siegel, photographer.  Library of Congress.      Here is an interesting one that we predict will engender some interesting discussion on at least the main published Civil […]

Section 998: Nothing In Elder Abuse Statutory Scheme Prevents Costs, As Opposed From Fees, Being Awarded From Rejected 998 Offer

Cases: Section 998

  Costs, Not Fees, Are a Different Animal for Shifting Purposes; Section 998 Given Added Vitality in this Case.      Bates v. Presbyterian Intercommunity Hospital, Inc., Case No. B232731 (2d Dist., Div. 4 Mar. 12, 2012) (certified for publication) is a sad, but interesting, case on whether unilateral fee-shifting provisions–such as those under California’s elder

Interpretation of Fee Clauses/POOF!/Section 998: Winning Creditor Obtained $210,000 Fee/Expert Fee Award After Beating Main Defendant’s 998

Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Section 998

  Court Reminds Us About Right 998 Calculus, Sustains Broad Fees Clause Applying To Torts, And POOF!s Another Substantial Fee Award To Another Defendant After Reversing A Without Leave Demurrer.      This next case is amazing in demonstrating how a relatively small loan of $100,000 can result in lots of attorney’s fees/expert fee recoupment to

Section 998/Section 1717: Plaintiff, Although Not Prevailing Under Section 1717, Did Beat Its Statutory Pretrial Settlement Offer Such That It Was Entitled to Postoffer Attorney’s Fees As 998 Costs From The Defense

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

  Opinion Will Give Added Importance to Section 998 Costs(Fee)-Shifting.      Well, well, we can report that there has been an interesting appellate “explosion” of opinions in the Code of Civil Procedure section 998 area. The First District, Division 5, has entered into the fray.      In SCI California Funeral Services, Inc. v. Five Bridges

Costs/Section 998: Second District, Division 1 Issues Important Opinion On Reimbursement of PowerPoint Argument Presentations And CCP § 998 Cost-Shifting Where Plaintiff Presents Successive 998 Offers

Cases: Costs, Cases: Section 998

  PowerPoint Argument Presentations No Go; Videotaped Depositions A Go Under the Right Facts; And “Bright Line” Rule Offered On Cost Reimbursement Where Plaintiff Makes Successive 998 Offers.      As you can probably tell from our topical headlines above, the Second District, Division 1 issued an important routine costs/CCP § 998 cost-shifting opinion in Martinez

Section 998: $125,000 998 Offer Was Hardly Token When Defendant Defensed Plaintiff’s Negligence Case On A Summary Judgment In Bizarre Concert Incident

Cases: Section 998

  $18,957 Award of Expert Witness Fees Against Plaintiff Was the Outcome.      The facts in some cases are simply amazing. Cano v. Anaheim Arena Management, LLC, Case No. G044751 (4th Dist., Div. 3 Feb. 6, 2012) (unpublished) is one of them.      Plaintiff doctor was attending a concert by “The Boss” (Bruce Springsteen) at

Arbitration/Costs/Section 998: Where Arbitration Submission Agreement Is Broad, Seek Winning 998 Enhancements From Arbitrator, Not Just The Court

Cases: Arbitration, Cases: Costs, Cases: Section 998

  Denial of 998 Cost Enhancements Was Not Improper.      Maaso v Signer, Case No. B228314 (2d Dist., Div. 2 Feb. 7, 2012) (certified for publication) is one of those lessons for all of us practitioners who arbitrate to take to heart–make sure you check the arbitration submission agreement for breadth of issues, meaning that

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