Cases: Section 998

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             In McCarley v. Anesthesia Service Medical Group, Case No. D074353 (4th Dist., Div. 1 Apr. 20, 2021) (unpublished), plaintiff won a substantial medical malpractice verdict against a doctor, who rejected a CCP § 998 offer which was beaten by plaintiff after trial and […]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             In Nash v. Romano, Case No. B303765 (2d Dist., Div. 8 April 12, 2021) (unpublished), plaintiff tenant sued her landlords after she broke her ankle while stepping on an allegedly unstable backyard paver.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             In Neff v. Anderson, Case No. B306263 (2d Dist., Div. 6 Mar. 24, 2021) (unpublished), plaintiffs challenged a $4,613.61 costs award based on a CCP § 998 offer by defendant RE/MAX.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

Celebrities, Section 998: Voluntary Dismissal Of Likeness Claim Does Not Mandate Fee Recovery; Second Settlement Offer, After Unaccepted Earlier 998 Offer, On A Narrower Claim Superseded Prior One Such That Contractual Fee-Shifting Was In Order

Cases: Celebrities, Cases: Section 998

Second 998 Offer Limited To Contractual Claim Extinguished Prior 998 Offer Which Was Broader.             Our Santa Ana Court of Appeal, in Varney Entertainment Group, Inc. v. Avon Plastics, Inc., Case No. G058903 (4th Dist., Div. 3 Feb. 23, 2021) (published), got to entertain some interesting fee issues under the California’s commercial name/likeness statute and

Consumer Statutes, Section 998: Plaintiff Only Suing For Injunctive Relief And Not Proving Damage Liability Under CLRA, Where Accepted 998 Offer Was Silent On Liability, Fees, And Costs, Did Not Give Rise to Fee Recovery

Cases: Consumer Statutes, Cases: Section 998

Case Is A Real Attention Getter With Respect to Acceptance Of 998 Offers Which Are Carefully Drafted.             We like this next case because if offers practitioners on both sides of the aisle an opportunity to carefully craft and accept CCP § 998 offer in certain consumer-oriented areas of the law.  Mikki v. Lifemark Group,

Section 998: CalTrans’ Pretrial CCP § 998 Offer To Losing Motor Vehicle Plaintiff Based On Design Immunity Was Valid And Reasonable

Cases: Section 998

$24.516.05 In Expert Witness Fees Awarded By Lower Court Was No Abuse Of Discretion, Although The Dissent In A 2-1 Decision Would Have Reversed The Design Immunity Summary Judgment Ruling.             Menges v. Dept. of Transportation, Case Nos. G057643/G058148 (4th Dist., Div. 3 Dec. 24, 2020) (published) involved a plaintiff, through a guardian ad litem,

Consumer Statutes, Section 998: $83,000 Fee Award Affirmed To Lemon Law Plaintiffs Because, As Far As Fee Recovery, Post-Offer Conduct Activities Can Give Rise To Lemon Law Further Fee Recovery

Cases: Consumer Statutes, Cases: Section 998

Section 998 Activity Is A Gestalt As Far As Fee Recovery Under The Song-Beverly Act.             Although unpublished, Regueiro v. FCA US, LLC, Case No. B301772 (2d Dist., Div. 1 Nov. 19, 2020) (unpublished) is an interesting case which involved the intersection between the lemon law fee-shifting provision and CCP § 998 offer provision.  In

Employment, Section 998: 998 Offer During Arbitration Did Not Allow Arbitrator To Determine There Was A Prevailing Party, Just Reasonable Fees/Costs Under Wage/Hour Statutes

Cases: Employment, Cases: Section 998

Arbitrator’s “Prevailing Party” Determination Properly Corrected By Superior Court.             In Geiger v. Floyd’s 99-California, LLC, Case No. G056747 (4th Dist., Div. 3 Nov. 18, 2020) (unpublished), employee sued for wage/hour violations, with the individual claims ordered to arbitration.  The employer served a CCP § 998 offer offering to settle those claims for $10,000, with

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