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CDF Labor Law LLP

California Supreme Court Clarifies Cost Shifting Under CCP Section 998

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The California Supreme Court has clarified how the cost-shifting provisions of California Code of Civil Procedure Section 998 (“Section 998”) may apply when a case settles before trial. In a recent decision, Madrigal v....more

Snell & Wilmer

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

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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

Haight Brown & Bonesteel LLP

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

Haight Brown & Bonesteel LLP on

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

Hinshaw & Culbertson LLP

Expert Fees Properly Awarded Under Offer of Judgment

Hinshaw & Culbertson LLP on

In Martinez v. Brownco Construction Co. Inc., the California Supreme Court decided a unique issue under California’s offer of judgment procedure, Code of Civil Procedure Section 998. The court concluded that a second...more

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