HEARING ON MOTION TO/FOR AWARD OF ATTY FEES & COSTS OF
$236,415.83 FILED BY JULIE PARRISH
* TENTATIVE RULING: *
This Motion for Award of Attorneys’ Fees and Costs is brought following Defendant’s acceptance of a CCP 998 offer from Plaintiff. The written offer states that Plaintiff offers to allow judgment to be taken against Defendant in the amount of $25,001. The offer is silent as to the subject of costs and attorneys’ fees.
Where a CCP 998 offer is silent on costs and fees, the prevailing party is entitled to costs and, if authorized by statute or contract, attorney fees. Engle v. Copenbarger & Copenbarger, LLP (2007) 157 Cal.App.4th 165, 168 This is a “bright-line rule,” meaning that “a section 998 offer to compromise excludes [attorney] fees only if it says so expressly.” (Id. at p. 169, italics added.) “[W]hen a [Code of Civil Procedure] section 998 offer is silent about attorney's fees and costs, it cannot reasonably be interpreted to exclude their recovery and the prevailin
Hearing Date
October 26, 2017
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HEARING ON MOTION TO/FOR AWARD OF ATTY FEES & COSTS OF
$236,415.83 FILED BY JULIE PARRISH
* TENTATIVE RULING: *
This Motion for Award of Attorneys’ Fees and Costs is brought following Defendant’s acceptance of a CCP 998 offer from Plaintiff. The written offer states that Plaintiff offers to allow judgment to be taken against Defendant in the amount of $25,001. The offer is silent as to the subject of costs and attorneys’ fees.
Where a CCP 998 offer is silent on costs and fees, the prevailing party is entitled to costs and, if authorized by statute or contract, attorney fees. Engle v. Copenbarger & Copenbarger, LLP (2007) 157 Cal.App.4th 165, 168 This is a “bright-line rule,” meaning that “a section 998 offer to compromise excludes [attorney] fees only if it says so expressly.” (Id. at p. 169, italics added.) “[W]hen a [Code of Civil Procedure] section 998 offer is silent about attorney's fees and costs, it cannot reasonably be interpreted to exclude their recovery and the prevailin