Cases: Section 998

  Plaintiff Did Not Have to Pay $21,000 in Expert Witness Fees.      Plaintiff in Sanchez v. Molina, Case No. F059653 (5th Dist. Nov. 21, 2011) (unpublished), who sought $700,000 in damages and lost a jury trial based on lack of causation (although negligence was found), had rejected a defense $10,000 offer under CCP §

  Cost or Fee Shifting Justified Under CCP § 998.      Plaintiff seeking damages in a dental malpractice case rejected a 998 offer of $25,001 inclusive of each side bearing their own costs, but was defensed after a jury trial and ordered to pay $2,850 in expert witness fees based on rejecting the 998 offer.

  $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Was Made in Good Faith      In Robbins v. Essex Management Corp., Case No. B221857 (2d Dist., Div. 4 Aug. 16, 2011) (unpublished), plaintiff rejected a $200,000 998 offer and was defensed after a jury trial.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