Legal Opinion
Timed Out LLC v. 13359 Corp.
California Court of Appeal, 5th District
Decided February 27, 2018No. B280301PublishedCited by 11 opinions
1Opinion of the Court
BENDIX, J.*
*935The issue before us is whether the trial court erred in interpreting defendant 13359 Corp.'s offer pursuant to Code of Civil Procedure section 998 (998 offer) to pay a "total sum" of $12,500 "exclusive of reasonable costs and attorney[ ] fees, if any" as preserving plaintiff's right to seek attorney fees and costs in a subsequent motion. The subject of the 998 offer was plaintiff Timed Out LLC's statutory and common law misappropriation claims; plaintiff's statutory claim sought an award of attorney fees and costs to the prevailing party under Civil Code section 3344, subdivision…
2Cases cited8 opinions
- Graciano v. Robinson Ford Sales, Inc.California Court of Appeal · 2006
- Barella v. Exchange BankCalifornia Court of Appeal · 2000
- Goodstein v. Bank of San PedroCalifornia Court of Appeal · 1994
- On-Line Power, Inc. v. MazurCalifornia Court of Appeal · 2007
- Elite Show Services, Inc. v. Staffpro, Inc.California Court of Appeal · 2004
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Licudine v. Cedars-Sinai Med. Ctr., 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
- Chen v. BMW of North AmericaCalifornia Court of Appeal · 2023
- Jenell Rivera v. Wal-Mart Associates, Inc. et al.District Court, C.D. California · 2026
6 more not listed; retrieve them via the Exa API.