News & Analysis as of

Litigation Fees & Costs Section 998

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

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

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...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

Haight Brown & Bonesteel LLP

Statutory Violation Does Not Establish Causation in Wrongful Death Action

In Anthony Toste v. CalPortland Construction, et al. (No. B256946, filed 3/2/16), the California Court of Appeal for the Second Appellate District affirmed the power of the jury to determine causation as an issue of fact in 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

Hinshaw & Culbertson LLP

CCP § 998 Fees Rejected As Judgment Was Less Than Offer To Compromise

In Lee v. Silveira, 2015 DJDAR 5287, the California Court of Appeal for the Fifth Appellate District ruled on an interesting tort case involving the interpretation of CCP § 998. In the appeal, a personal injury plaintiff...more

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