Cases: Section 998

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      In Gaggero v. First Federal Bank of California, Case No. B207273 (2d Dist., Div. 1 Nov. 30, 2009) (unpublished), Borrower voluntarily dismissed with prejudice his equitable, statutory and breach of contract claims,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Fourth District, Division 1 Address Plethora of Fee Issues in Unpublished Decision.      Well, strap your helmets on, readers, because we now synopsize a 75-page unpublished decisions dealing with a cornucopia (a good word in celebration of upcoming Thanksgiving) of attorney’s fees issues under California law.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

998 Offers: $15,000 Offer To Two Litigants For Resolution Of Their Actions Was Valid, Justifying Award Of $37,045.02 In Routine Costs

Cases: Costs, Cases: Section 998

Second District, Division 1 Finds Nothing Amiss About Substantial Costs Award.      For those of you who follow us (whether more or less religiously), you know we have Categories on the left hand side of our home page. One of the Categories is “Section 998,” discussing the effect of Code of Civil Procedure section 998

CCP 998: Unapportioned 998 Offer To Plaintiffs Resulted In Denial Of Substantial Expert Witness Fees To Prevailing Party

Cases: Section 998

First District, Division 3 Holds That 998 Offer Was Invalid, Requiring Plaintiffs To Conditionally Agree On Some Apportionment Between Themselves.      Code of Civil Procedure section 998 offers require serious crafting to make sure they are valid. One of the cardinal rules is that, absent identical or indivisible interests among the offerees, the offer must

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