Iqbal v. Ziadeh

“Affiliate” means a person in a dependent or subordinate relationship with another, not just anyone with some sort of connection to the other; so a settlement agreement’s release did not extend to the lessor of released defendants and plaintiff’s suit against that entity could proceed.  A release of a used car dealer and a tow…

Ignacio v. Caracciolo

A 998 offer is invalid and will not shift costs if it requires a release of claims beyond those pertaining to the action in which the 998 offer is made, such as, here, where the 998 offer required plaintiff to release all claims he might have against the defendant, whether or not they were connected…

Sanford v. Rasnick

A 998 offer requiring the opposing party to enter into a settlement agreement is not a valid 998 offer; while cases have allowed a 998 offer to demand a release, a settlement agreement is different, more extensive and more subject to disagreement as to form and contents.  A 998 offer requiring the opposing party to…

Karpinski v. Smitty’s Bar, Inc.

A badly drafted settlement agreement did not condition plaintiff’s right to receive the settlement funds on plaintiff’s prior discharge of medical liens on his claim.  Plaintiff was injured in a bar brawl.  His medical bills were paid in part by Medicare and the state’s Victims of Crime program, both of which acquired liens on plaintiff’s…

deSaulles v. Community Hospital of the Monterey Peninsula

Plaintiff is the prevailing party entitled to an award of court costs under CCP 1032 on entry of a judgment of dismissal pursuant to a settlement under which plaintiff received monetary compensation for his or her claims. Plaintiff was the prevailing party entitled to a mandatory award of court costs under CCP 1032 even though…