Settlement, Cal Code of Civil Procedure

California Civil Procedure Code Section 998 – A Means to an End

Tyson & Mendes LLP on 1/3/2025

On April 4, 2019, Vadim Gorobets sued Jaguar Land Rover North America, LLC based on allegations the defendant had violated the Song-Beverly Consumer Warranty Act (California’s “lemon law”). On October 15, 2020, defendant...more

Guarantor Liability: Assignment of Note Doesn’t Automatically Assign Guaranty Too

Patton Sullivan Brodehl LLP on 12/28/2023

Obligations reduced to a promissory note are often accompanied by a written guaranty. The law treats the guaranty as an independent obligation. A case recently decided by California’s First District Court of Appeal —...more

Section 998’s Cost-Shifting Provisions May Apply When Case Ends in Settlement

Snell & Wilmer on 7/28/2023

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

The Implications of California’s Departure From Judgments by Confession

Snell & Wilmer on 7/27/2023

Traditionally, California permitted judgments by confession are subject to certain limitations, such as requiring an independent attorney to examine the proposal and advise the debtor on the waiver of rights and defenses. As...more

More Stringent California Claim Law Could Benefit Policyholders

Farella Braun + Martel LLP on 4/20/2023

To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid...more

Offer To Settle Expired When The Court Granted Summary Judgment Motion

Proskauer - California Employment Law on 11/28/2022

Trujillo v. City of Los Angeles, 2022 WL 15119812 (Cal. Ct. App. 2022) - In a negligence case, the City of Los Angeles made a settlement offer to the plaintiff pursuant to Cal. Code Civ. Proc. § 998 a few days before the...more

Statutory Offer To Compromise Void Without Express Acceptance Provision

Sheppard Mullin Richter & Hampton LLP on 3/18/2021

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

Judgment Stemming from a Section 998 Offer Without a Written Acceptance Provision Is Void

Haight Brown & Bonesteel LLP on 3/11/2021

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

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

Snell & Wilmer on 6/7/2019

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

What If Your CCP 998 Offer is Silent on Costs?

Snell & Wilmer on 1/18/2019

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

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

Snell & Wilmer on 6/9/2017

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

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