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Wasito v. Kazali, No. B308826, 2021 Cal. App. LEXIS 719 (Ct. App. Aug. 31, 2021)

Labor Code 206 and 206.5 require an employer to pay an employee all wages the employer concedes are due without condition and without any release of the employee's disputed claims, if any, to other wages.  Here, the employer conceded it owed plaintiff a bonus, but before paying it sent the plaintiff a 998 offer to settle all wage claims.  Held,… Read More

Khosravan v. Chevron Corp., No. B307482, 2021 Cal. App. LEXIS 559 (Ct. App. July 6, 2021)

Term of 998 offer requiring plaintiff to indemnify defendant against claims by third parties on the same allegations as the complaint rendered the 998 offer ineffective to shift costs after defendant was dismissed from the action.  Though it was understandable that defendant wanted preclude wrongful death claims by heirs of the plaintiff who claimed defendant was liable for his mesothelium… Read More

Arriagarazo v. BMW of North America, LLC (2021)

BMW sent plaintiff a 998 offer, proposing to settle this personal injury case for $15,000 in exchange for a general release.  The 998 offer did not mention entry of judgment against BMW or specify that plaintiff would file a dismissal with prejudice instead.  Plaintiff accepted the offer.  Then the parties disagreed about terms of the release and entry of judgment. … Read More