Code of Civil Procedure section 998

Section 998: California Supreme Court Rules That Section 998 Offers With Alternative Options Are Valid, If Properly Structured With Certainty For The Options

August 6, 2026

It Disagrees With The Court of Appeal’s Categorical Invalidity Argument. In Gorobets v. Jaguar Land Rover North America, LLC, Case No. S287946 (Cal. Supreme Court Aug. 6, 2026) (published), the California Supreme Court endorsed CCP section 998 offers containing alternative options for acceptance, as long as clear in nature. Here is the heart of the […]

Prevailing Party: Where Plaintiff Through A Settlement Obtained A Rescission And Partial Restitution Of Prejudgment Interest, The Lower Court Properly Denied Attorney’s Fees Under A Contractual Fees Clause Because A Mixed Result Occurred

Cases: Prevailing Party

March 5, 2026

$800,000 Fee Request Denied, With The Appellate Court Observing That The Result Could Have Gone The Other Way—But Discretion Is Involved When One Side Does Not Knock It Completely Out Of The Park. Hakim-Baba v. Desai, Case No. H050787 (6th Dist. Mar. 4, 2026) (unpublished) was a messy case where plaintiff primarily sought to rescind

Costs, Section 998: Because Defense 998 Offer Was Valid And It Defensed The Plaintiff, Routine Costs Were Allowable But Had To Be Further Reduced

February 20, 2026

After The Lower Court Erred In Not Taxing Some Routine Costs, Especially Some Conceded By The Defense As Being Erroneous, The Costs Judgment Had To Be Modified On Appeal. Reyes-Gonzalez v. Color Marble, Inc., Case No. B350612 (2d Dist., Div. 7 Feb. 17, 2026) (unpublished) involved a case where plaintiff was “defensed” by the defendant,