Cases: Section 998

Experts, Section 998, Special Fee Shifting Statutes: 1/5 DCA Affirms Denial Of Attorney Fees To Elder Abuse Act Plaintiff And Denial Of § 998 Expert Witness Fees To Prevailing Defendants

Cases: Experts, Cases: Section 998, Cases: Special Fee Shifting Statutes

Plaintiff Failed To Prove Harm As Required Under Welf. & Inst. Code § 15657.5(a) Because The Approximate $400,000 In Annuities Upon Which He Based Harm Had Been Returned Pursuant To A Probate Court Order More Than A Year Before Trial, But Defendants’ § 998 Offer Was Not Reasonable Nor Made In Good Faith Given The […]

Section 998: Arriagarazo Decision Of April 30, 2021 Now Published

Cases: Section 998

Where Section 998 Offer Did Not Expressly Reference Dismissal Of Action, Entry Of Judgment By Accepting Offerees Was Proper.             In our April 30, 2021 post, we discussed Arriagarazo v. BMW of North America, LLC, Case No. C090980 (3d Dist. May 26, 2021) (published), which was unpublished when first issued on April 30, 2021.  It

Consumer Statutes, Section 998, Special Fee Shifting Statutes: Abuse Of Discretion Where Trial Court Reduced Song-Beverly Attorney Fees By Almost $100,000 Because Plaintiffs Rejected § 998 Offer That Was Only $8,500 Less Than Ultimate Settlement

Cases: Consumer Statutes, Cases: Section 998, Cases: Special Fee Shifting Statutes

The Trial Court Improperly Cut Off Fees Incurred After Plaintiffs’ Rejection Of The § 998 Offer Instead Of Engaging In A Lodestar Analysis Of The Entire Case Pursuant to Civil Code § 1794(d).             In Reck v. FCA US LLC, Case No. A157966 (1st Dist., Div. 1 May 24, 2021) (published), the trial court awarded

Section 998: Trial Court Order Awarding Postoffer Costs Against Prevailing Song-Beverly Plaintiff Affirmed On Appeal Because Plaintiff Failed To Beat Defendant’s § 998 Offer At Trial

Cases: Section 998

Requirement That Plaintiff Sign A General Release Did Not Invalidate The § 998 Offer As The General Release Clearly And Unambiguously Applied Only To The Claims In The Underlying Action.             Plaintiff received a $17,259.19 jury verdict in his Song-Beverly Consumer Warranty Act violations (California’s lemon law; Civ. Code § 1790 et seq.) action against

Section 998: Where CCP § 998 Offer Did Not Clearly Negate Contemplation Of Entry Of Judgment In Favor Of Accepting Party, There Was No Basis To Vacate Judgment To Do Differently

Cases: Section 998

Words To The Wise—As Offering Parties, Make Clear What Triggers Conclusion—If Not, Entry Of Judgment May Not Result Even Under Ambiguous Terms.             Arriagarazo v. BMW of North America, LLC, Case No. C090980 (3d Dist. Apr. 30, 2021) (unpublished) solely related to a CCP § 998 battle, specifically, whether a section 998 offer precluded entry

Section 998: Doctor Hit With Large Medical Malpractice Verdict And Over $2.5 Million In Prejudgment Interest, The Latter Via A Refused 998 Offer, Forfeited Challenge To Invalidity Of Offer

Cases: Section 998

Challenge Never Raised Below And Doctor Took A Contrary Stance Below.             In McCarley v. Anesthesia Service Medical Group, Case No. D074353 (4th Dist., Div. 1 Apr. 20, 2021) (unpublished), plaintiff won a substantial medical malpractice verdict against a doctor, who rejected a CCP § 998 offer which was beaten by plaintiff after trial and

Appealability, Experts, Section 998: 2/8 DCA Declines To Consider Plaintiff’s Arguments Against Trial Court’s PostJudgment Award To Prevailing Defendants Of Section 998 Expert Witness Fees

Cases: Appealability, Cases: Experts, Cases: Section 998

Plaintiff’s Failure To File A Notice Of Appeal On The PostJudgment Award Deprived Appellate Court Of Jurisdiction.             In Nash v. Romano, Case No. B303765 (2d Dist., Div. 8 April 12, 2021) (unpublished), plaintiff tenant sued her landlords after she broke her ankle while stepping on an allegedly unstable backyard paver.  The jury returned

Section 998: Costs Were Properly Assessed Under 998 Offer Because The Release Was Limited And No Authority Showed A Good Faith Settlement Determination Rendered The Offer Invalid

Cases: Section 998

$4,613.61 Costs Hit, After Adjustment For Damages Award, Was The Net Result.             In Neff v. Anderson, Case No. B306263 (2d Dist., Div. 6 Mar. 24, 2021) (unpublished), plaintiffs challenged a $4,613.61 costs award based on a CCP § 998 offer by defendant RE/MAX.  The underlying case concerned damages to plaintiffs’ personal property which was

Section 998: Failure to Provide Acceptance Line In 998 Offer, Even Though Offer Was Accepted Through Handwritten Acceptance, Invalidated The 998 Offer And Resulting Judgment

Cases: Section 998

First Impression Case Paid Heed To The Statutory Language Mandating An Acceptance Line.              In facing a first impression issue, the 2/4 DCA in Mostafavi Law Group, APC v. Larry Rabineau, APC, Case No B302344 (2d Dist., Div. 4 Mar. 3, 2021) (published) decided that a section 998 offer lacking an acceptance line, although accepted

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