Cases: Section 998

Mike And Marc’s Top Twenty Decisions For 2009

Cases: Consumer Statutes, Cases: Liens for Attorney Fees, Cases: Retainer Agreements, Cases: Section 1717, Cases: Section 998, Cases: Special Fee Shifting Statutes

Part 2 of 2: Second Ten Grouping—Nos. 1-10.      We already gave you our top 11-20 decisions previously this month.      As noted in an earlier post, we have accumulated our “top 20” attorney’s fees decisions, recognizing that we limit the list to published decisions and that the order reflects nothing about the importance of […]

998 Offers: After Excluding Postoffer Costs, Plaintiff Did Not Beat 998 Offer Even Though Lawsuit Release Was Part Of The Deal

Cases: Section 998

Second District, Division 5 Affirms Routine Costs Awarded to Defendant.      Code of Civil Procedure section 998 offers are tricky. They require careful evaluation when received. In the next case, plaintiff—not by much—failed to prevail against a 998 offer and was hit with an adverse costs award. Loser raised a lot of arguments on appeal,

Fee Clause Interpretation, 998 Offers, And Routine Costs: A Three-Fer In One Case—And A Resultant POOF! Upon Reversal Of The Fee Award

Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Prevailing Party, Cases: Section 998

Substantial Fee Award Reversed Because Fees Provision Did Not Reach Noncontract Recovery, While Rest of Trial Court’s Fee/Costs Orders Affirmed on Appeal.      In Gaggero v. First Federal Bank of California, Case No. B207273 (2d Dist., Div. 1 Nov. 30, 2009) (unpublished), Borrower voluntarily dismissed with prejudice his equitable, statutory and breach of contract claims,

998 Offers: Revocation of Second 998 Offer Means Ultimate Judgment Is Measured By Prior Nonwithdrawn 998 Offer

Cases: Section 998

Second District, Division 4 Opts to Create “Bright Line” Rule in this Case Involving First Impression Issue.      So what happens when a defendant makes two separate pretrial settlement offers under Code of Civil Procedure section 998 but withdraws the second offer.  Against which offer, if either, is the ultimate judgment measured for purpose of

Insurance And 998 Offers: 998 Offer Made To Only One Out Of Multiple Insureds Imposes No Good Faith Duty On Insurer To Accept Or Provide Separate Counsel

Cases: Insurance, Cases: Section 998

First District, Division 1 Applies Lehto/Strauss to 998 Offers Made to Sued Insureds Rather that Offer Made Directly to Insurer.      Both Lehto v. Allstate Ins. Co., 31 Cal.App.4th 60, 72 (1994) and Strauss v. Farmers Ins. Exch., 26 Cal.App.4th 1017, 1021-1022 (1994) held that an insurer has no “good faith” duty to agree to,

Fee Clause Interpretation and 998 Offers: Court Of Appeal Remands $400,000 Fee Award against Contractor But Affirms Separate $296,148.84 Against Contractor In Favor of Subcontractor

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Section 1717, Cases: Section 998

Fourth District, Division 1 Address Plethora of Fee Issues in Unpublished Decision.      Well, strap your helmets on, readers, because we now synopsize a 75-page unpublished decisions dealing with a cornucopia (a good word in celebration of upcoming Thanksgiving) of attorney’s fees issues under California law.      In The Gifted Schools v. Grahovac Construction Co.,

FELA Preemption: Federal Law Preempts Cost-Shifting Of CCP 998 Offer In FELA Case

Cases: Costs, Cases: Preemption, Cases: Section 998

  Third District Finds Miller Rule Also Applies to Prevailing 998 Defendant.       In Miller v. Union Pacific Railroad Co., 147 Cal.App.4th 451 (2007), the Third District Court of Appeal decided that the availability of expert witness costs in a Federal Employers Liability Act (FELA) action involving an injured railroad employee filed in state court

Section 998 Offers: Court Of Appeal Finds $1,501 Pretrial Settlement Offer Was Reasonable And In Good Faith Where Jury Defenses Personal Injury Plaintiff On Causation Issue

Cases: Section 998

998 Offer Was Made After Plaintiff Received Medical Treatment; Third District Affirms $58,821.98 Costs Award Against Plaintiff.      Timing is everything in judging the reasonableness of Code of Civil Procedure section 998 offers, as the next case shows.      In Dutta v. Coker, Case No. C056023 (3d Dist. Sept. 28, 2009) (unpublished), plaintiff car passenger

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