Cases: Section 998 – Page 42 – Cal Attorneys Fees

SECTION 998 DOES NOT CREATE AN INDEPENDENT RIGHT TO ATTORNEYS FEES; VOLUNTARY DISMISSAL OF CONTRACT CLAIM BEFORE TRIAL DEFEATED ANY 998 FEE SHIFTING

June 19, 2008

Fourth District, Division One Harmonizes the Interplay Between Code of Civil Procedure section 998 and Civil Code section 1717(b)(2). Recently, there has been a rash of decisions dealing with offers to compromise under Code of Civil Procedure section 998. The next case resolves what happens when section 998 collides with Civil […]

WORLDS IN COLLISION—CCP SECTION 998 AND OFFSETTING SETTLEMENTS: WHAT SETTLEMENTS GET TAKEN INTO ACCOUNT TO DETERMINE WHO IS A PREVAILING PARTY FOR 998 PURPOSES?

First District Decides Issue in 998 Context, Also Noting Split in Appellate Thinking in Interpreting CCP Section 1032. On June 16, 2008, we had our first post on Code of Civil Procedure section 998. Lo and behold, the First District came out with a decision on the same day dealing with