Premature Filing of Costs Memorandum Was Not Fatal. In Tate v. Prendergast, Case No. G044621 (4th Dist., Div. 3 Nov. 7, 2011) (unpublished), personal injury plaintiff seeking $750,000 in damages rejected a CCP § 998 offer of $20,001 but only was awarded $300 for past medical expenses by a jury. This kicked in […]
In our September 30, 2011 post, we discussed Adams v. Ford Motor Co., Case No. B225791, which involved whether a small monetary CCP § 998 offer was reasonable and in good faith in a difficult causation case, where the offer did contain an important “waiver of costs” feature. Also, there was a nice
$185,741.82 Was Costs Hit Against Plaintiffs, $167,570 Of Which Was Expert Witness Expenses. The next case teaches plaintiffs in difficult causation cases to carefully evaluate Code of Civil Procedure section 998 offers made by remaining defendants close to trial. Their rejection of an aggregate $10,000 offer, with a proposed mutual waiver of costs,
Shaffer II Finds That Its Prior Appellate Decision Did Not Find Plaintiffs Failed to Attempt Mediation Under CAR Purchase Agreement. This is a sequel to our December 30, 2009 post on Shaffer v. Sassoon (Shaffer I), which found plaintiffs beat a defense CCP § 998 offer once pre-offer costs were included in the
For those of you wanting to know about updates on Code of Civil Procedure section 998 issues (especially as the fees/cost-shifting provision impacts fee and costs), co-contributor Mike has authored an article that has been published in the September 2011 edition of The Orange County Lawyer. Enjoy.
998 Offer Was Made in Good Faith In Robbins v. Essex Management Corp., Case No. B221857 (2d Dist., Div. 4 Aug. 16, 2011) (unpublished), plaintiff rejected a $200,000 998 offer and was defensed after a jury trial. Defendant then filed a memorandum of costs seeking a substantial sum, being successful in obtaining a
Burden of Proof Is On Plaintiff to Prove Unreasonableness of 998 Offer. In Leve v. Patient Safety Technologies Inc., Case No. B220274 et al. (2d Dist., Div. 5 June 15, 2011) (unpublished), a lower court granted a plaintiff’s motion to tax requested expert witness fees by the defense, ruling the defense did not
Primer on Allocation of Preoffer/Postoffer Costs in Instructive Decision. Code of Civil Procedure section 998, as we should know by now, is a legislatively-mandated statute that modifies the general routine costs provision of CCP § 1032 by augmenting or withholding the costs normally allowable under section 1032. Put another way, section 998 establishes a
Trial Court Must Focus on Receipt Issue. This next case takes us back to evidence class sessions in law school. It involves presumptions, so relax and go back in time to days past in your educational experience. Plaintiff won a warranty dispute against Ford Motor Company, who said that it sent a
Statutory Construction of 998 Was Unclear, Nullifying $5,350 Expert Witness Fee Award. We have seen a recent flurry of decisions in the CCP § 998 area. The next one, from a published decision perspective, trailblazes on the issue of whether a § 998 offer with no acceptance language can survive an invalidity attack.
