Cases: Section 998

Section 998: Federal Civil Procedure Committee and American College Of Trial Lawyers’ Surveys Of State Offer of Judgment Provisions

Cases: Section 998

Great Nationwide Resource Guide on State-by-State Provisions.      We have examined numerous cases on Code of Civil Procedure section 998, California’s cost-shifting offer of judgment provision.      For those of you wanting to know if similar mechanisms exist in other states, see the State Offer of Judgment Provisions, a project of the Federal Civil Procedure […]

998 Offers: No Apportionment Necessary Between Defendants Where Liability Is Joint And Several/Vicarious In Nature

Cases: Section 998

First District, Division 2 Finds Admissions in Case Management Conference Statement Established Vicarious Liability For Gauging 998 Offer’s Validity.      Here is one for you personal injury practitioners, whether representing plaintiffs or defendants.      Although unapportioned Code of Civil Procedure section 998 offers are usually taboo, a prime exception occurs where the defendants are jointly

Section 998: $78,107.37 Costs Award Affirmed In Personal Injury Action

Cases: Section 998

Plaintiff Possessed the Same Knowledge About Her Physical Condition, Such that Suppression of Defense Video Surveillance Did Not Nullify Prior 998 Offers as Being Made in “Bad Faith.”      Courts do tend to review Code of Civil Procedure section 998 offers in a pragmatic fashion . . . as the next personal injury case illustrates.

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.,

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