Litigation
Nov. 4, 2003
Settlement Offer by Defendant Can Cut Off Plaintiff's Attorney-Fee Award
Focus Column Litigation By Andrew M. Gilford and Scott J. Leipzig Code of Civil Procedure Section 998 can be an effective tool for a defendant in a breach-of-contract action. Where a contract contains an attorney-fee provision, a plaintiff prevailing on a contract claim ordinarily would be entitled to recover its attorney fees and costs. However, a defendant may use Section 998 to cut off, and possibly eliminate, the plaintiff's attorney-fee recovery - even when the court ultimately finds the
Litigation
By Andrew M. Gilford and Scott J. Leipzig
&...
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