Cases: Section 998

Section 998: Plaintiff University Student Owed Judgments Against Two Defendants As A Result Of A Successful Section 998 Offer

Cases: Section 998

Costs Shifting Frequently Can Be The Result With A Well-Crafted 998 Offer.                Plaintiff student sued Loyola Marymount University and Los Angeles Television Access Corporation (Access) for premises liability and negligence after Access’ photography light fell on student.  After a bench trial, University was held blameless, and student won $22,834 in damages against Access.  However, […]

Section 998: Lower Court Properly Entered Judgment On An Accepted 998 Offer

Cases: Section 998

The Defense Did Not Timely Withdraw Its Offer Before Acceptance, And The 998 Offer Did Contemplate Entry Of A Judgment Based On The Parties’ Conduct.                Courts encourage settlements and acceptance of CCP § 998 offers, if structured correctly.  They generally do not honor untimely attempted withdrawals of those offers after acceptance.  That is what

Section 998: Where Respondent Made A Counteroffer to A Section 998 Offer, Lower Court Erred In Entering Judgment Under This Scenario

Cases: Section 998

Judgment Was Void On Its Face.                A judgment based on acceptance of a CCP § 998 offer was found void because the accepting party made a counteroffer in Endrawes v. Mitchell, Case No. B330916 (2d Dist., Div. 6 July 16, 2024) (unpublished).  There, a defendant accepted a 998 offer but added language indicating appellant

Section 998: This Provision Does Not Provide An Independent Basis For Fee Entitlement, You Either Have It Or Not Under Fee Entitlement Predicates

Cases: Section 998

Nothing In Accepted 998 Offer Or Subsequent Settlement Agreement Had A Fee Entitlement In Them.                We have always blogged that a threshold issue is whether a claimant has a fee entitlement basis.  If you do not, you lose.  That was the case in Arriagarazo v. BMW of North America, LLC, Case No. C097296 (3d

Probate, Section 998: No Matter Whether Probate Code Provisions Or CCP § 998 Applied. Lower Court Properly Granted Expert Witness Fees To Attorney Who Winded Down Deceased Attorney Friend’s Practice In Fee Division Battle With Friend’s Administrator

Cases: Probate, Cases: Section 998

In Dicta, Appellate Court Suggested 998 Offers May Not Be Barred In Probate Litigation.                Estate of Howell, Case No. D081920 (4th Dist., Div. 1 May 23, 2024) (unpublished) is interesting reading for probate practitioners.                This case involved a battle over attorney fee compensation to be divided between the administrator wife of a deceased

Private Attorney General, Section 998: Plaintiff’s Jury Trial Win Almost Completely Absorbed By Successful Defense 998 Offer After Reduction For Post-Offer Expenses

Cases: Private Attorney General (CCP 1021.5), Cases: Section 998

Also, Plaintiff’s Suit Benefitted Herself, So No Section 1021.5 Fees Were Warranted.                Nairobi v. Watkins, Case Nos. A164665 et al. (1st Dist., Div. 3 Mar. 28, 2024) (unpublished) shows the potency of a successful defense CCP § 998 offer:  plaintiff’s $101,768.89 jury award got reduced to just $3,772.87.  The lower court also denied plaintiff’s

Section 998: 998 Offer Calling For Dismissal Of Action With Prejudice, Not Entry of Judgment, Is Valid

Cases: Section 998

This Means The Lower Court Needed To Honor the $350,000 Accepted Offer And Enter Judgment Thereon.                In Chiu v. Wu, Case No. H050642 (6th Dist. Mar. 6, 2024) (unpublished), Plaintiffs accepted defendant’s $350,000 CCP § 998 offer calling for dismissal of action with prejudice, not entry of a judgment.  After some procedural gaffes (including

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