Cases: Section 998

Costs Two-Fer: Court Has Discretion To Deny Costs To Parties Unified In Interest And Wrong Zip Code Will Invalidate Mailing Notice For Costs Memorandum

Cases: Costs, Cases: Section 998

  “Unity of Interest” Doctrine Gives Discretion To Lower Courts in Awarding Costs.      In Toland v. Arredondo, Case Nos. F058619/F059182 (5th Dist. Mar. 1, 2011) (unpublished), one plaintiff was awarded $114,590 and another was awarded $12,585 by a jury against a corporate defendant, although an individual defendant (unified in interest with the corporate defendant) […]

Costs/Section 998: Motion To Correct Earlier Costs Award Rejected, With Aggrieved Party Needing To Appeal Or Bring Motion To Vacate

Cases: Costs, Cases: Section 998

Failure to Appeal Earlier Judgment Was Critical, With Motion to Correct Not Being the Right Move.      Boteach v. Botach, Case No. B224823 (2d Dist., Div. 4 Feb. 24, 2011) (unpublished) is interesting for purposes of demonstrating that a litigant not liking an earlier costs ruling needs to appeal or bring a motion to vacate.

Section 998: Defendant’s Zero Offer With Costs Waiver Was Not Token In Nature

Cases: Section 998

$172,546 Costs/Expert Fee Award Against Plaintiff Affirmed On Appeal.      In Zamora v. Textron, Inc., Case Nos. A124923/124992 (1st Dist., Div. 3 Feb. 18, 2011) (unpublished), plaintiff lost to one defendant in a case where she claimed injuries when the brakes failed in her “Haulster” three-wheeled vehicle. Prior to trial (where plaintiff eventually won almost

Sections 1717/998: Substantial Fee Awards To One Defendant And To Plaintiff As Against Other Defendants Sustained By Second District, Division One

Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Section 998

Mutuality Principles and Invalidity of 998 Offer Buttressed Correctness of Trial Court’s Fee Awards.      Sargon Enterprises, Inc. v University of Southern California, Case Nos. B202789/B205034 (2d Dist., Div. 1 Feb. 9, 2011) (unpublished) was a hard fought case where plaintiff sued USC for breach of contract. Although lost profits evidence was found to have

Section 998: “Early On” 998 Offer Did Not Give Rise To Cost Shifting Because There Was No Free Flow Of Information Or Pre-existing Relationships Between Litigants

Cases: Section 998

  Fifth District Passes On Impact of Third District’s Opinion in Barba v. Perez.      Just to show you how California intermediate appellate opinions do indeed enter into the jurisprudential “flow” of decisions, we now can report on how another appellate court has reacted to Barba v. Perez, 166 Cal.App.4th 444 (2008), an interesting CCP

Section 998/Routine Costs: 998 Offer Not In Bad Faith And Routine Costs Are in Order Except for FedEx Charge

Cases: Costs, Cases: Section 998

Court of Appeal Disagrees that FedEx Charge Allowable Under Costs Statute as “Postage” Charge Equivalent.      Many of the decisions we review are fairly technical, and the next one is no exception. It does show that 998 offer rejection decisions will be reviewed for abuse of discretion, but that costs decisions on legal entitlement will

Reasonableness Of Fees: $254,615.50 Fee Award For Plaintiff Affirmed After Her Acceptance Of $95,000 CCP § 998 Offer

Cases: Reasonableness of Fees, Cases: Section 998, Cases: Standard of Review

$509,231 Scaled Back By Trial Court, But Sustained On Appeal.      Here is an interesting substantial fee award. Half of what plaintiff requested, but way above the $95,000 Code of Civil Procedure section 998 offer eventually accepted in the case on the eve of trial. Goes to show that fees do not have to be

Year End Wrap-Up: Mike & Marc’s Top 20 Attorney’s Fees Decisions In 2010–Part 1 of 2.

Cases: Civil Rights, Cases: Equity, Cases: Probate, Cases: Retainer Agreements, Cases: Section 998, Cases: SLAPP, Cases: Special Fee Shifting Statutes

     Above:  Wrapping It Up.       As we wish all readers the happiest of Holidays, we now present our top 20 published decisions from California appellate courts or the Ninth Circuit. This list is not meant to slight other important decisions in certain areas, but these are the ones that “rose to the top” from

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