Plaintiffs turned down a $10,000 offer made under Civ.Proc. §998 and the matter proceeded to trial. Ford won and submitted a cost bill totaling $185,741.82. The court rejected plaintiff’s argument the offer was unreasonable and made in bad faith and that, besides, the expert witness fees were not reasonably necessary for Ford’s trial preparation. The […]
Jeopardy Attaches After An Acquittal On Contempt.
Two employees of a waterproofing company quit and started a competing business. The employer brought an action against them which the parties settled, including a stipulated injunction, enjoining the two employees and their new company from contacting the employer’s customers. The agreement provided the trial court would retain jurisdiction over the parties pursuant to CCP […]
California Rule Of Court 3.769 Didn’t Cut It.
Students brought action against the Los Angeles School District and others on the theory they were denied their constitutional right to equal educational opportunities after a reduction in the teacher force. A settlement was negotiated and judgment was entered. The United Teachers Los Angeles [UTLA] union appealed, arguing the consent decree potentially abrogates the seniority […]
Word To The Wise About Civil Code §998 Offers.
Plaintiff does not accept an offer made under Civ.Code §998. Defendant takes the deposition of plaintiff’s expert and orders an expensive expedited transcript so it can make a motion to exclude the expert from testifying at trial. The court excludes the expert. Result? The appellate court held: “We therefore hold that section 998, subdivision (c) […]
Settlement Agreement Enforceable Under Tragic Circumstances.
While awaiting a ruling from the superior court on a petition to approve a settlement filed by a guardian at litem on behalf of a minor who suffered injuries on an all terrain vehicle, the minor died. The defendant opposed the petition, arguing the settlement was not enforceable because it had not been approved by […]
Offers Under CCP § 998 Need To Be Thought Through!
In an action involving the purchase of a new motor home, an offer under Code of Civil Procedure § 998 was for plaintiffs to be paid $50,000 in exchange for a release and dismissal, and plaintiffs accepted. After the action was dismissed with prejudice, plaintiffs moved to recover their attorney fees and costs under Civil […]
Frosted Mini-Wheats’ Class Action Settlement Reversed And Vacated.
A false advertising class action was filed against Kellogg Company after the company marketed Frosted Mini-Wheats cereal claiming it was scientifically proven to improve children’s cognitive functions for several hours after breakfast. When the action was settled with the trial court’s approval, there was a provision that any funds remaining would be donated to charities […]
Dismissal Of Appeal Rejected & Jury Award Upheld After Work Comp Benefits Deducted.
Response by the Court of Appeal when the parties notified the court the matter had been settled: “The parties stipulated to a dismissal of the appeal on the day before the matter was initially set for oral argument based on a proposed settlement. We rejected the stipulation and re-calendared oral argument because we determined that […]
Can’t Cut Attorney Out Of His Fees.
Client/defendant and lawyer entered into a written fee agreement which deferred payment of fees until the court ordered them, which the court did after plaintiff lost. Plaintiff appealed, but settled with the defendant while the appeal was pending, a settlement which did not include payment of the fees. The lawyer sued for his fees. The […]
Sometimes Lawyer’s Signature Sufficient Under CCP § 664.6 Settlement.
A stipulation for settlement was reached during a mediation. Defendant’s lawyer, representing the defendant on the cross-complaint, signed the stipulation for the client, and plaintiff asserted the stipulation was not binding because it was not signed by the client. The appellate court found the lawyer signed the stipulation as the designated employee, and that just […]