Code of Civil Procedure section 998

Jan 15, 2025 Cynthia E. Tobisman, Joseph Bui, Kent W. Toland

Gorobets v. Jaguar Land Rover North America, LLC, S287946.

#25-1 Gorobets v. Jaguar Land Rover North America, LLC, S287946. (B327745; 105 Cal.App.5th 913; Los Angeles County Superior Court; 19STCV11540.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issue: Is a settlement offer

Jan 08, 2025 Cynthia E. Tobisman Civil Procedure, Lemon Law

GMSR’s co-managing partner Cindy Tobisman makes 4th appearance in California Supreme Court in last 13 months

On January 7, GMSR’s co-managing partner, Cindy Tobisman, appeared for oral argument in the California Supreme Court on behalf of the plaintiff in Madrigal v. Hyundai Motor America, which poses the following issue: Do Code of Civil Procedure section 998’s cost-shifting provisions apply if the

May 15, 2024 Cynthia E. Tobisman, Alana H. Rotter, Joseph Bui

Ayers v. FCA US, LLC, S284486.

#24-82 Ayers v. FCA US, LLC, S284486. (B315884; 99 Cal.App.5th 1280; Los Angeles County Superior Court; JCCP4884.) Petition for review after the Court of Appeal reversed the judgment in a civil action and remanded with directions. The court ordered briefing deferred pending decision in Madrigal

Jan 22, 2024 Robert A. Olson, Cynthia E. Tobisman, Laura Lim Attorney Fees Litigation, Tort Litigation

In a motor vehicle negligence case, the Court of Appeal reverses judgment and $500,000 cost-of-proof attorney fee award

After a motor vehicle accident, plaintiff sued both the driver and his employer seeking $10 million in damages. When plaintiff propounded requests for admissions, defendants denied that the driver employee was negligent and that his negligence caused plaintiff some harm. Plaintiff rejected defendants’ pre-trial Code

Oct 06, 2023 Cynthia E. Tobisman, Joseph Bui Civil Procedure, Lemon Law

Court of Appeal reverses order denying settlement enforcement and interprets settlement under CCP 998 in favor of GMSR’s clients

GMSR’s clients leased a vehicle that proved to be a lemon and sued the manufacturer under California’s lemon law, the Song-Beverly Act. The manufacturer sent the clients a Code of Civil Procedure section 998 settlement offer, and they accepted. Under the settlement agreement, the manufacturer

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