Cases: Section 998

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 […]

Section 998: Ninth Circuit Rules That Arizona Pre-Trial Fee Shifting Statute Is Trumped by F.R.Civ.P. 68

Cases: Preemption, Cases: Section 998

Decision May Have Implications for Application of CCP § 998 in Diversity Cases.      An important decision for federal diversity cases came out yesterday from the Ninth Circuit Court of Appeal, pitting F.R.Civ.P. 68 against a state pre-trial settlement scheme in Arizona.      In Goldberg v. Pacific Indemnity Co., Case No. 09-16243 (9th Cir. Dec.

Section 1717, Allocation, Civil Rights Cost Recovery, Prevailing Party, And Section 998: Court Of Appeal Faces A Melange Of Fee/Costs Issues

Cases: Allocation, Cases: Civil Rights, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Fourth District, Division One Affirms Trial Court’s “Wash” Decision on Issues.      The next case involves a melange of fee and costs issues arising from a contract and civil rights case in which plaintiff recovered nothing on her claims but beat school district’s contract cross-claim. That gave rise to all sort of prevailing party claims

CCP Section 998, Costs, And Consumer Fee Shifting Statute: Fee Award To CLRA Settling Plaintiff Affirmed Upon Denial of Defense 473 Motion Relating To 998 Offer Containing No Language Dealing With Fees/Costs

Cases: Consumer Statutes, Cases: Costs, Cases: Section 998

Silent 998 Offer Came Back to Bite the Defense as Silence Proves Golden for Prevailing Party.      Many of the decisions we examine have major object lessons for litigators to pay heed to. After all, we like to say that good case management skills are usually learned through mistakes. This next case illustrates this principle

Deadlines, Section 1717, Allocation, and Section 998: Fourth District, Division 3 Addresses Hodgepodge Of Fee/Costs Issues

Cases: Allocation, Cases: Section 1717, Cases: Section 998

  Affirms $289,000 Costs Award and $1.6 Million Fee Award.      In a long-running case that has produced several appellate opinions along the way, V3I v. Western Digital Corp., Case No. G041386 (4th Dist., Div. 3 Sept. 29, 2010) (unpublished) finally ran its course, with the final appeal being from a $289,000 costs award and

Section 998: 998 Offer Made To One Of Three Defendants Was Not In Bad Faith Or Unreasonable, Even Though Expert Fees And Costs Were Given To Winning Plaintiff After Successful Jury Verdict

Cases: Section 998

First District, Division 1 Faces Some Interesting Section 998 Wrinkles in a Joint and Several Defense Context. Wrinkles.  Shar Pei.  Wikipedia.        Hats off to the First District, Division 1 for a very scholarly opinion centering on Code of Civil Procedure section 998 pretrial offers in a multiple defendant situation, even though the winning

Mediation And 998: Sixth District Gives Us All Pointers On Compliance With Mediation Condition Precedent Contract Clauses And Formatting Of 998 Offers

Cases: Mediation, Cases: Section 998

$42,064 Fee Award and $3,583 Expert Witness Award Gets Reversed.      The nice thing about posting on unpublished decisions (and we find an overwhelming number to be well reasoned) is that they always have pointers for litigators on what and what not to do. The next lessons involve satisfying mediation condition precedent clauses for fee

Costs and 998 Expert Witness Fees: Court Of Appeal Affirms Most Of Trial Court Decision Awarding Routine Costs, Denying Expert Witness Fees, and Denying Attorney’s Fees

Cases: Appeal Sanctions, Cases: Costs, Cases: Experts, Cases: Sanctions, Cases: Section 1717, Cases: Section 998

First District, Division 5, Except for a $49 Adjustment, Tells Everyone to Go Home But For a Minor $1,000 Appellate Sanctions.      Salvio Street, LLC v. Lee, Case Nos. A122408/A123080 (1st Dist., Div. 5 July 29, 2010) (unpublished) is an interesting case, not just for the legal issues, but because it demonstrates how pragmatic appellate

Scroll to Top