Section 998, Special Fee Shifting Statutes: $43,300 Fee Award Under California Public Records Act Statute Was Justified

. . . However, Fee Award Had To Be Reduced Down To $2,475 Based on Successful Defense § 988 Offer With Respect To Post-Offer Fees.

            On appeal, you win some, you lose some, or the appellate court modifies judgments in varying amounts.  That third result is what occurred in Kinney v. City of Corona, Case No. E079840 (4^th Dist., Div. 2 Dec. 29, 2023) (unpublished).

            The appellate court found there was justification for a $43,300 fee award to plaintiff and against City of Corona under the fee-shifting statute in the California Public Records Act.  However, because plaintiff rejected a successful CCP § 998 offer which the reviewing court found clear and unambiguous (unlike the lower court), the fee award had to be reduced down to $2,475 because post-offer fees were not recoverable based on 998’s shifting calculus.