On February 27, 2024, the California Second District Court of Appeal issued an opinion in Jacob Ayers v. FCA US, LLC (B315884), in which it reversed the Los Angeles County Superior Court’s cost judgment following the...more
A divided court in Madrigal v. Hyundai Motor America (2023) 90 Cal.App.5th 385, as modified on denial of reh’g (May 9, 2023), review filed (June 20, 2023) recently held that the cost-shifting penalty provisions of California...more
After 12 years of litigation, coffee manufacturers, distributors, and retailers are one step closer to closing the door on Proposition 65 warnings on coffee. Coffee generally does not require Proposition 65 warnings—this...more
The California Supreme Court issued the following decisions last week: Hoffmann v. Young, et al., Case No. S266003: Under Civil Code section 846, landowners generally owe no duty of care to keep their property safe for...more
Mostafavi Law Group, APC v. Larry Rabineau, APC, et al., 2021 WL 803685 (March 3, 2021); Second Appellate District Court of Appeal, Division Four, Case No. B302344 (March 3, 2021)... California Code of Civil Procedure...more
In Mostafavi Law Group, APC v. Larry Rabineau, APC (B302344, Mar. 3, 2021), the California Court of Appeal, Second Appellate District (Los Angeles), addressed an issue of first impression: whether the purported acceptance of...more
Generally, a statutory offer to compromise under Code of Civil Procedure section 998 that is made to multiple defendants must be expressly apportioned amongst each of the defendants identified in the offer, and cannot be...more
A so-called “offer to compromise” under California Code of Civil Procedure section 998 can reverse the parties’ entitlement to costs after the date of the offer, depending on the outcome of the litigation. Cal. Code Civ....more
It’s generally not easy to sue a deceased person’s estate in California. In most cases, claimants must file a creditor’s claim before proceeding with a lawsuit in the Superior Court, which may first require bringing a...more
In California, the “prevailing party” in litigation is generally entitled to recover its costs as a matter of law. See Cal. Code Civ. Proc. § 1032. But under California Code of Civil Procedure section 998, a party may make a...more
In Meleski v. Estate of Hotlen (No. C080023, filed 11/29/18), a California appeals court held that an insurer is subject to the penalties for failure to accept a statutory offer to compromise under Code of Civil Procedure...more
California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and...more
Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more
Prince v. Invensure Insurance Brokers (2018) WL 2276603 allows a party to clarify the terms of an ambiguous California Code of Civil Procedure section 998 offer to compromise (998). Such clarification encourages reasonable...more
In Yolanda Ignacio v. Marilynne Caracciolo (No. B266930), the California Court of Appeal for the Second District found that a settlement offer seeking to release a party from claims outside the scope of the litigation at...more
In Bean v. Pacific Coast Elevator Corp. (2015) 234 Cal.App.4th 1423, the California Court of Appeal for the Fourth Appellate District held that a trial court erred when it granted prejudgment interest on costs awarded in a...more