Miller v. City of Portland

Defendant’s Rule 68 offer of judgment resulted in a binding contract whereby plaintiff was to receive reasonable attorney fees to be awarded by the court; consequently, court could not revisit whether fee award was permitted, only what sum would be reasonable.  Plaintiff accepted defendant’s Rule 68 offer of judgment in an action under 42 USC…

In re Google Referrer Header Privacy Litig. (Goas v. Google, Inc.)

Cy pres award in class action settlement was proper, even though defendant had given donations in the past to some of the cy pres recipients and plaintiff’s counsel were alumni of the recipient institutions.  This decision affirms a cy pres-only settlement awarding $3.2 million in fees to plaintiffs’ attorneys and $5.3 million in cy pres…

Sviridov v. City of San Diego

If a defendant in a Fair Employment and Housing Act lawsuit makes a section 998 offer that the plaintiff rejects and does not improve upon at trial, the defendant may recover its costs under section 998 notwithstanding the normal rule that a defendant cannot recover costs against the plaintiff in a FEHA action unless the…

United States v. Sierra Pacific Industries, Inc.

Defendant could not get a settlement agreement invalidated by claiming plaintiff United States had committed fraud on the court, since the later-discovered information on which defendant relied either didn’t show fraud at all or only filled in details of fraud that defendant suspected before it settled.  The district court did not abuse its discretion in…

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…