News & Analysis as of

Litigation Fees & Costs Cal Code of Civil Procedure

Ervin Cohen & Jessup LLP

California Court of Appeals Reinforces Strict Limits on Arbitration Fee Payment Deadline

The California Court of Appeals recently revisited the issue of the draconian deadline for paying arbitration fees established by California Code of Civil Procedure section 1281.97. In Suarez v. Superior Court of San Diego...more

Sheppard Mullin Richter & Hampton LLP

Statutory Offer To Compromise Void Without Express Acceptance Provision

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

NAM (National Arbitration and Mediation)

A Proposal For Private Judging In New York

The COVID-19 pandemic has thrust a dagger into the heart of our state court system. The Office of Court Administration is to be lauded, however, for its efforts to ensure that appropriate technology has been utilized to...more

Snell & Wilmer

CCP 998 Does Not Confer an Independent Right to Attorneys’ Fees

Snell & Wilmer on

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

Snell & Wilmer

What If Your CCP 998 Offer is Silent on Costs?

Snell & Wilmer on

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

Haight Brown & Bonesteel LLP

Code of Civil Procedure Section 998 Penalties Apply to Insurer that Defends Action in Name of Insured’s Estate Under Probate Code...

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

Fisher Phillips

California Employers To Face Raft Of New #MeToo Laws

Fisher Phillips on

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

Haight Brown & Bonesteel LLP

If a 998 Offer to Compromise is Ambiguous, The Court will Allow any Ambiguity to be Clarified when Considering the Offer’s...

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

Snell & Wilmer

Does Your 998 Offer to Compromise Include Attorneys’ Fees and Costs?

Snell & Wilmer on

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

Hinshaw & Culbertson LLP

Prejudgment Interest On Costs Is Improper

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

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