Cases: Section 998

Celebrities, Reasonableness Of Fees, Section 998: The Offspring’s Former Drummer Lost A Contractual Interpretation Dispute, With $856,818 In Contractual Fees Affirmed On Appeal

Cases: Celebrities, Cases: Reasonableness of Fees, Cases: Section 998

Defense Section 998 Offers Found Not To Be Uncertain.                Ron Welty, former drummer of the band The Offspring, sued the band and other affiliated defendants on a contractual interpretation over royalties, with there being a contractual fees clause at issue.  He asked for $2.9 million in damages, but he recovered nothing.  The defendants then […]

Section 998: Fees And Costs Award Under An Accepted 998 Offer With A Time Cut Off For Awarding These Components Was Reversed Based On The Time Cut-Off

Cases: Section 998

Costs And Fees After The Time-Cut Off Were To Be Stricken On Remand.                Where an unambiguous CCP § 998 offer has a time cut-off with respect to awarding fees and costs, that will be legally honored.   That is what occurred in Olbert v. Mercedes-Benz USA, LLC, Case No. B327402 (2d Dist., Div. 4 Sept.

Employment, Reasonableness Of Fees, Section 998: FEHA Plaintiff Finally Winning $1.25 Million In a Third Jury Trial, After An Earlier Appellate Reversal On The First Trial And A New Trial On The Second Trial, Was Properly Awarded $3,264,906 In Fees

Cases: Employment, Cases: Reasonableness of Fees, Cases: Section 998

Both Sides Appealed, But Their Challenges Were Unsuccessful.                Simers v. Los Angeles Times Communications LLC, Case No. B323715 (2d Dist., Div. 8 Aug. 30, 2024) (published) involved a long-standing dispute between plaintiff T.J. Simers, a controversial columnist, and defendant L.A. Times involving constructive termination, age discrimination, and disability discrimination claims under FEHA.  Needless to

Section 1717, Section 998: Because Plaintiff Voluntarily Dismissed Its Unlawful Detainer Action Without Prejudice, Santisas Prevented Recovery Of Contractual Attorney’s Fees By The Other Side Despite The Winning 998 Offer

Cases: Section 1717, Cases: Section 998

However, Plaintiff Did Pay The Other Side $118,372.65 In Routine Costs.                In Riverside Mining Limited v. Quality Aggregates, Case No. E081228 (4th Dist., Div. 2 Aug. 19, 2024) (published), Quality leased 73 acres from Riverside Mining, operating a quarry on the land.  Quality brought a civil lawsuit against Riverside Mining for infringing its leasehold,

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

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