Cases: Section 998

Equity, Section 998: Lower Court’s Discretionary Decision To Vacate A Dismissal Of An Action Based On A Mistaken Defense CCP § 998 Offer Was No Abuse Of Discretion

Cases: Equity, Cases: Section 998

Defense Offer Of $100,000, Rather Than $10,000, Was A Typographical Mistake Worthy Of Correction Where Defense Counsel Notified Plaintiff Of Error Within Three Minutes.                For litigators, we all know we are not perfect, with mistakes being made based on the volume of cases we process.  The next case, Avila v. John N. Kitta and

Allocation, Employment, Reasonableness Of Fees, Section 998: Costs-Shifting Under CCP § 998 Displaced By More Specific Labor Code Provisions Relating To Costs For Or Against A Prevailing Employee

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

However, In Unpublished Part Of Decision, Appellate Court Affirmed A Small Fee Award Where Counsel Failed To Follow Lower Court’s Supplemental Briefing/Proof Instructions.                Chavez v. California Collision, LLC, Case No. A167658 (1st Dist., Div. 3 Dec. 10, 2024) (partially published; fee discussion unpublished) is part of a continuing trend for appellate courts to honor

Section 998: Simultaneous Alternative Offers Are Generally Invalid And Offer To Pay Undisputed Amount With Offer To Resolve Disputes Through A Resolution Process Are Also Invalid

Cases: Section 998

However, In A Split Opinion, Justices Do Not Agree On Whether A Valid Offer Under The Simultaneous Process Can Still Allow For Fee- And Costs-Shifting.                Here is a case which might be a candidate for California Supreme Court review, prompting a split decision on some interesting CCP § 998 issues.                In Gorobets v.

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

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