Denial of Defense Summary Judgment Motion And Trial Judge’s Remarks That Colorable Arguments Were Made For Interpretation Of An Easement Cemented The Result.
The defendant in 18131 Ventura Blvd., LLC v. 5223 Linley, LLC, Case No. B307958 (2d Dist., Div. 7 Dec. 14, 2021) (unpublished) won an easement interpretation dispute but only after the trial judge denied summary judgment and remarked that plaintiffs made colorable arguments about the interpretation of the scope of the easement. Two weeks after denial of the summary judgment motion and before a 9-day bench trial, defendant served a CCP § 998 offer for $10,000, about 1.6% of the damages claimed by plaintiff. After winning at trial, defendant sought to recover $84,126.95 in costs ($28,250.22 of which was expert fees), with the trial judge finding the 998 to be unreasonable so as to preclude any expert fee award and ultimately awarding defendant $45,492.97 in routine costs.
Defendant appealed, but the lower court’s ruling on the invalidity of the 998 offer was affirmed. Given what occurred at the denial of the summary judgment ruling, the offer of only $10,000 was not reasonable, and the lower court was in the best position to so determine.
Comments