Cases: Section 998

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 Sept. 28, 2009) (unpublished), plaintiff car passenger […]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

998 Offers, CA Tort Claims and Civil Rights Fees: Second District, Division 1 Faces A Potpourri Of Legal Issues On A Hefty ADA Civil Rights Fee Award

Cases: Civil Rights, Cases: Section 998, Cases: Special Fee Shifting Statutes

Unpublished Decision Faces Some Interesting Fee-Shifting Issues In ADA Case.      Many of the California intermediate appellate unpublished decisions we examine have some very interesting legal issues for jurists to grapple with and resolve. The next one is no exception, containing some gnarly fee-shifting issues that involve Code of Civil Procedure section 998 (pretrial offer

Costs After 998 Offer Rejected: Losing Plaintiff In Toxic Mold Case Hit With Costs Of $331,167.52

Cases: Section 998

  Second District, Division 4 Rejects Plaintiff’s Protest to Cost Award, After Defense Prevailed and Recouped Expert Fees Through 998 Cost Shifting.      Co-contributors Marc and Mike have litigated several cases (usually, fraud or nondisclosure cases) in which plaintiffs have attempted to recover damages for exposure to “toxic mold.” These cases are extremely expert intensive,

Section 998: Plaintiff With Unity of Interest Cannot Reject 998 Offer Without Requesting Clarification From Offeror

Cases: Section 998

  Third District Reaffirms Validity of Peterson in Unpublished Decision Involving Individual Plaintiff Who Could Compromise Both Personal and Representative Issues.      In Van Alstyne v. Carter, Case No. C056440 (3d Dist. Apr. 14, 2009) (unpublished), plaintiff lost a crop damage case involving $1,200 in damages and an injunctive request after defendants defensed plaintiff through

CCP 998 Offers: Later 998 Offers Extinguish Prior 998 Offers

Cases: Section 998

Second District, Division 1 Follows Palmer‘s Bright-Line Rule.      In a very interesting unpublished case, plaintiffs suffered a nonsuit after the trial court struck a medical expert’s testimony based upon the expert not giving certain causation opinions during his deposition, even though plaintiffs’ counsel had provided notice three months before trial that causation would be

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