Cases: Section 998 – Page 31 – Cal Attorneys Fees

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

March 12, 2012

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

March 9, 2012

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: Expert Witness Fees Of $20,317 Properly Charged As Costs Against Losing Age Discrimination Plaintiff

Cases: Section 998

March 2, 2012

CCP § 998 Offer of $15,000 Was Rejected, Giving Rise to Costs/Expert Fee Exposure. Age discrimination plaintiff lost a jury trial, with the defense then seeking costs of $36,648, with $20,317 being expert witness fees for an expert that did not testify at trial. The basis for the costs request was plaintiff’s failure

Section 998: $30,934.19 Costs Award Affirmed Because Carefully Crafted Award Directed At Unsuccessful Cross-Complaint Did Prevail

Cases: Section 998

February 23, 2012

Cross-Complainants Got Nada, Had to Pay Costs For Turning Down $10,000 998 Offer. Code of Civil Procedure section 998 can be a potent weapon, especially if a litigant gauges that an action will not garner much but nonetheless makes an offer that should be accepted (or, at least, catch interest). Also, if you

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

February 14, 2012

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

February 11, 2012

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

February 8, 2012

$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

February 8, 2012

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

Section 998: Lemon Case Won By Plaintiffs Still Resulted In Defendant Winning 998 Costs

Cases: Section 998

February 4, 2012

Lemons into Lemonade: Defense 998 Offer Was Well-Taken and Plaintiffs Did Not Achieve Their Real Litigation Objectives in Rejecting Offer and Going to Trial. CCP § 998 offers are tricky things, but legislatively crafted so that the offeree give serious consideration to the offer so that a settlement can be reached–saving everyone (the

Section 998: Defendants’ Successful 998 Offers Were Sufficiently Definite And Beat Plaintiffs’ Recovery Even After Offsets

Cases: Section 998

February 1, 2012

998 Offers Do Not Have to Resolve All Claims, Only Those Involving the Offeror and Offeree. Newport Psychcare v. Windstone Behavioral Health, Inc., Case No. G044449 (4th Dist., Div. 3 Jan. 31, 2012) (unpublished) concerned plaintiffs who rejected defendants’ respective CCP § 998 offers to pay some positive moneys ($91,000, $70,000, and $15,000)