Code of Civil Procedure section 998

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

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 Mar. 4, 2026) (unpublished) was a messy case where plaintiff primarily sought to rescind […]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

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 Reyes-Gonzalez v. Color Marble, Inc., Case No. B350612 (2d Dist., Div. 7 Feb. 17, 2026) (unpublished) involved a case where plaintiff was “defensed” by the defendant,