Cases: Section 998

Costs, Section 998: In A Dispute Spanning About A Decade, Court Of Appeal Resolves Costs Issues Under General Principles And CCP § 998

Cases: Costs, Cases: Section 998

Bottom Line Is That Some Routine Costs May Have To Be Paid On Remand By Prevailing Defendant.             Hussein v. Razin, Case Nos. G061491/G061681 (4th Dist., Div. 3 Nov. 13, 2023) (unpublished) is a decades-long dispute which finally resulted in plaintiff failing to prove his claims, in plaintiff defeating cross-claims against the defendant/cross-complainant, and with […]

Requests For Admission, Section 998: RFA Costs-Of-Proof Sanctions Improperly Denied, But Defense CCP § 998 Costs Were Correct

Cases: Requests for Admission, Cases: Section 998

Playing Cute With Business Records Admissibility Issues Might Lead To RFA Sanctions.             In Vargas v. Gallizzi, Case No. B317540 (2d Dist., Div. 7 Oct. 13, 2023) (published), personal injury plaintiffs prevailed against defendant but only obtained jury verdicts amounting to $30,000 based on a prior appeal and subsequent jury verdict.  But that then led

Requests For Admission, Section 998: Plaintiffs’ 998 Offer Was Invalid And Costs-Of-Proof Sanctions Properly Denied

Cases: Requests for Admission, Cases: Section 998

Performance Components Of 998 Offer Were Too Ambiguous; RFAs Were Either Of No Substantial Importance Or Not Unreasonably Denied.             In Jarecki v. Zitter, Case No. D078314 (4th Dist., Div. 1 Sept. 26, 2023) (unpublished), a drainage dispute developed between property owners and downslope neighbors, resulting in plaintiffs losing a trespass claim but prevailing on

Civil Rights, Section 998: Summary Judgment Winning Defendants Properly Denied FEHA Attorney’s Fees And Routine Costs Because Case Was Not Frivolous

Cases: Civil Rights, Cases: Section 998

Also, FEHA And Non-FEHA Claims Overlapped Such That Costs Recovery Was Foreclosed.             In Liza v. CKE Restaurant Holdings, Case No. B313111 et al. (2d Dist., Div. 2 Sept. 25, 2023) (unpublished), defendant won a summary judgment against plaintiff’s FEHA and non-FEHA claims, although they did overlap.  The lower court later denied the defense request

Section 998: Defense Was Not Exposed To Substantial Prejudgment Interest Or Expert Fees In Rejecting Plaintiffs’ CCP § 998 Offers After Plaintiffs Received Substantial Jury Verdicts Well Over The 998 Offers

Cases: Section 998

Multiple Offers With No Separate Acceptance Lines Was Invalid.             CCP § 998 offers involve very careful planning.  Multiple offers and acceptance line principles often will derail offers made with the best intentions.  Little v. Singh, Case No. F083989 (5th Dist. July 31, 2023) (unpublished) illustrates these lessons well.             There, plaintiffs obtained a substantial

Section 998: Third District Reverses $98,823.55 Fees/Costs Award To Lemon Law Plaintiffs Because The Settlement Reached After Plaintiffs’ Rejection Of Two 998 Offers Constituted A Judgment With A Principal Amount Below That Of The Final 998 Offer.

Cases: Section 998

Dissenting Opinion Held That Section 998’s Cost-Shifting Provisions Do Not Apply Where A Plaintiff’s Less Favorable Result Came About Through Settlement Of The Case Rather Than A Litigated Result Following Trial Or Arbitration.             In Madrigal v. Hyundai Motor America, Case No. C090463 (Third Dist., April 11, 2023) (published) defendant made two Code Civ.

Costs, Prevailing Party, Private Attorney General, Section 998, Trespass: Prevailing Defendant/Cross-Complainant Obtains Attorney’s Fees Under Trespass Fee Shifting Statute Despite Receiving Nominal Damages And Also Receives Routine Costs

Cases: Costs, Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5), Cases: Section 998, Cases: Trespass

Losing Plaintiff/Cross-Defendant Denied Private Attorney General Fee Request In Opinion With Several Cross-Over Issues.              Direct Action Everywhere SF Bay Area etc. v. Diestel Turkey Ranch, Case No. A162702 (1st Dist., Div. 2 Mar. 1, 2023) (unpublished) is an opinion with many cross-over issues as identified in our main title to this post.             In

Section 998: Smalley Opinion Is Now Published

Cases: Section 998

Shows How A Nicely Crafted 998 Offer Can Benefit A Defendant In A Lemon Law Case.             In a December 13, 2022 post, we reviewed Smalley v. Subaru of America, Inc., a 4/3 DCA unpublished case at the time which showed how a defendant in a lemon law case crafted a nice CCP § 998 offer which

Scroll to Top