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Under CCP 664.6, the court may, if the section's conditions are met, enter judgment enforcing the parties' settlement.  However, that judgment must state all terms of the settlement agreement that have not yet been fully performed.  The judgment can do nothing else.  If the settlement reserves jurisdiction in the court to enforce the settlement, the court may, after entering judgment… Read More

The trial court abused its discretion in denying a prevailing plaintiff attorney fees since the defendant’s initial settlement offer (which the plaintiff rejected) did not comply with section 998. Read More

Putative class representatives were not entitled to intervene in a parallel class action to object to settlement as they could preserve their rights by opting out or by objecting to the settlement and moving to vacate judgment approving the settlement. Read More

The extra costs allowed when a 998 offer is rejected may not be collected by a defendant in an action under California’s Fair Employment & Housing Act unless the defendant shows that the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so. Read More

Unless a personal injury plaintiff’s (future) heirs join in the settlement agreement individually, they are not bound by it or by its releases, so money paid to the plaintiff to settle future wrongful death suits is worth only as much as the hold harmless agreement by the now-deceased plaintiff is; moreover, non-settling defendants cannot take advantage of any setoff as… Read More

For purposes of comparison with the amount of the judgment, pre-offer fees and costs are added to the amount of a rejected 998 settlement offer that is silent as to fees and costs since upon acceptance the offeree would have been entitled to an award of pre-offer fees and costs in addition to the amount of the settlement. Read More

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