Cost shifting under section 998 is not limited to cases resolved by trial or arbitration.
Nothing in the statute’s language limits its application to cases that end in trial nor exempts from its application cases that settle.
8
Apr
Apr
Cases of Interest
8
Apr
Apr
Yes, under FRCP Rule 26(e) Duty to Supplement: Discovery, if a party acquires material additional information or learns that information was materially incorrect after serving discovery responses, the responding party has a duty to supplement or amend their response in a timely manner.
8
Apr
Apr
An employee’s disclosure of an email to the claimant did not waive attorney-client privilege under Evid. Code, §§ 912, subd. (a), 953, because the employee lacked authority to waive it, and the agency did not fail to use reasonable means to preserve confidentiality.
13
Feb
Feb
Negligence per se claim failed because violation of a conditional use permit is not a “violation of a statute of ordinance.” Further, a rap concert is not an ultrahazardous activity. Such concerts, even ones with rival gang members performing and antagonizing each other, can be conducted safely with proper planning and security.