Cases: Section 998

Costs, Section 998, Special Fee Shifting Statutes: No Abuse Of Discretion In Attorney Fees And Costs Award Of $1,454,938.70 Against One Of Three Defendants, Without Apportionment, In Wrongful Death Case

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

Apportionment Of Attorney Fees Was Not Feasible As Plaintiffs’ Efforts Against The Defendants Were Inextricably Intertwined,  And The Case Could Not Have Been Presented Without Significant Expert Testimony To Determine Who Was Legally Responsible.             In Hatcher v. Powell, Case No. B302730 (2d Dist., Div. 6 September 27, 2021) (unpublished), four defendants were sued in […]

Section 998: $12,000 Pre-Litigation Offer, Iterated As A 998 Offer Four Months Later After Filing Of A Lawsuit, Was Reasonable And Supported Cost-Shifting In Low-Level Vehicular Personal Injury Case

Cases: Section 998

Section 998 Test Focuses On Objective Reasonableness, Not Plaintiff’s Subjective Perception Of The Offer’s Fairness.             In Mkhitarian v. Jackson, Case No. B306198 (2d Dist., Div. 5 Sept. 20, 2021) (unpublished), plaintiff in a low level, soft issue vehicular injury case rejected both a pre-trial informal offer and subsequent CCP § 998 offer for $12,000

Section 998: Only Mentioning CCP § 998 Or Allowing Judgment To Be Entered, Without More Precise Instructions For Accepting 998 Offer, Does Not Render A 998 Offer Valid

Cases: Section 998

4/1 DCA Provides Further Guidance On Drafting Effective 998 Offers.             Drafting effective CCP § 998 offers can be tricky, as the 4/1 DCA recognized in Finlan v. Chase, Case No. D078410 (4th Dist., Div. 1 Sept. 15, 2021) (published).  A plaintiff lost some hefty costs and expert witness fees by not providing specific acceptance

Costs, Deadlines, Experts, Section 998: 4/2 DCA Dismisses Defendants’ Cross-Appeal Of Trial Court’s Order Granting Plaintiff’s Motion To Tax Majority Of $139,951.97 In Costs And Fees Sought By Defendants Under § 998

Cases: Costs, Cases: Deadlines, Cases: Experts, Cases: Section 998

Defendants’ Cross-Appeal Was Untimely, And A Separate Appeal, Not A Cross-Appeal, Was Required For Challenging Trial Court’s Order As It Related To Defendants’ Request For Expert Witness Fees.             In Ramirez v. Barajas, Case No. E071558 (4th Dist., Div. 2 September 13, 2021) (unpublished), personal injury plaintiff, suing defendants for $1.4 million in damages, rejected

Employment, Section 998: Section 998 Offer Is Invalid If Employer Did Not Attempt To Pay Undisputed Wage Amounts Before Sending Section 998 Offer

Cases: Employment, Cases: Section 998

Timing Is Everything—Pay Undisputed Amount Before The 998 Offer Or Pay Later/Issue A New 998 Offer.             Wasito v. Kazali, Case No. B308826 (2d Dist., Div. 6 Aug. 31, 2021) (published) is must reading for employers wishing to resolve unpaid wage claims through a CCP § 998 offer where undisputed wages are due.             In

Section 998: Defendants’ Section 998 Offer Requesting Indemnification (And, Implicitly, Defense) Of Unspecified Non-Parties Made The Offer Too Vague For Enforcement

Cases: Section 998

That Conclusion Erased $5,360 Expert Witness Fees Award Against Plaintiffs And In Favor Of Defendants.             In Khosravan v. Chevron Corp., Case No. B307482 (2d Dist., Div. 7 July 6, 2021) (published), the Chevron Defendants won a summary judgment against plaintiffs after sending an unaccepted CCP §998 offer to dismiss for a waiver of costs

Experts, Section 998: Trial Court’s Denial Of Plaintiffs’ Motion To Tax $27,926.41 In Defendant’s § 998 Expert Witness Fees Affirmed On Appeal.

Cases: Experts, Cases: Section 998

The Party Moving To Tax § 998 Expert Fees Has The Burden Of Showing That The Fees Are Either Not Properly Chargeable Or Unreasonable, Which Plaintiffs Failed To Do, And Substantial Evidence Supported The Trial Court’s Finding That It Was Not Inequitable To Award Expert Costs Against Plaintiffs.             In Mass v. City of San

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

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