For purposes of awarding fees and court costs, court must ascertain a party’s “main litigation objective” to
properly determine whether that party “prevailed.”
Cases of Interest
Plaintiff’s offer for compromise pursuant to Code of Civil Procedure section 998 (§ 998 offer) was not in good faith when made just 19 days after complaint and five days after the defendant’s answer was filed.
In cases where an insured plaintiff receives treatment not covered by health insurance and the bill remains unpaid at trial, the full amount of the plaintiff’s unpaid medical bills admissible to prove past medical damages.
Where plaintiff fails to show diligent effort to complete discovery on time, Cal. Code Civ. Proc., § 437c, subh. (h) does not allow parties to obtain continuances to conduct discovery that could have and should have been undertaken earlier, so as to effectively oppose the summary judgment motion.
In cases where the statute of limitations is tolled based on a plaintiff minor’s age, pursuant to Cal. Code Civ. Proc., § 12, the day after tolling ends is excluded in calculating whether an action is timely filed.