Legal Opinion
Ford Motor Credit Co. v. Hunsberger
California Court of Appeal
Decided June 18, 2008No. D050473PublishedCited by 11 opinions
1Opinion of the Court
Opinion
McINTYRE, J.
— In this case, defendant moved for an award of attorney fees as costs under Code of Civil Procedure section 998 after plaintiff dismissed its breach of guarantee action against him. (All undesignated statutory references are to the Code of Civil Procedure.) Defendant argued that he was entitled to attorney fees because plaintiff failed to obtain a more favorable judgment than his earlier settlement offer. (§ 998, subd. (c)(1).) The trial court denied the request and defendant appealed from the order.
As we will explain, section 998 does not create an independent right to…
2Cases cited12 opinions
- Santisas v. GoodinCalifornia Court of Appeal · 1998
- Chia-Lee Hsu v. AbbaraCalifornia Supreme Court · 1995
- People v. CruzCalifornia Supreme Court · 1996
- Murillo v. Fleetwood Enterprises, Inc.California Supreme Court · 1998
- Gattuso v. Harte-Hanks Shoppers, Inc.California Supreme Court · 2007
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- R.W.L. Enters. v. Oldcastle, Inc., California Court of Appeal, 5th District2017
- Ryan v. Real Estate of the Pac., Inc., California Court of Appeal, 5th District2019
- Linton v. Cnty. of Contra Costa, California Court of Appeal, 5th District2019
- Alvarado v. Wal-Mart Associates, Inc.Court of Appeals for the Ninth Circuit · 2025
- LNSU 1, LLC v. Alta Del Mar Coastal Collection Community Assn.California Court of Appeal · 2023
6 more not listed; retrieve them via the Exa API.