Section 998: This Provision Does Not Provide An Independent Basis For Fee Entitlement, You Either Have It Or Not Under Fee Entitlement Predicates

Nothing In Accepted 998 Offer Or Subsequent Settlement Agreement Had A Fee Entitlement In Them.

               We have always blogged that a threshold issue is whether a claimant has a fee entitlement basis.  If you do not, you lose.  That was the case in Arriagarazo v. BMW of North America, LLC, Case No. C097296 (3d Dist. May 29, 2024) (unpublished).  After convoluted procedural litigation activities, a CCP § 998 offer was accepted, with both sides bearing their own costs and attorney’s fees, but not definitively resolving how the case was to be resolved.  BMW was hit for $968 in costs after the case was ultimately resolved through stipulated pleadings, but no attorney’s fees were awarded by requesting parties under the prior events.  This result was affirmed on appeal.  The causes of action were tort claims for strict products liability, negligence, and wrongful death, none of which had fee entitlement bases.  Without that being established, no attorney’s fees were awardable especially given no other agreement to fees under the 998 offer or subsequent pleadings resulting in a resolution of the case.