Wednesday, September 15, 2021

Finlan v. Chase (Cal. Ct. App. - Sept. 15, 2021)

This seems like a pretty big screw-up.

Plaintiff makes a CCP 998 offer for $1 million, it doesn't get accepted, and at trial plaintiff wins $3.9 million.  Among other things (e.g., expert witness fees), that means plaintiff is entitled to a boatload of prejudgment interest; neither the opinion nor the briefs exactly how much, but it's a fair piece of time at 10%/year on $2.9 million (i.e., $3.9 million minus $1 million).  The trial court awards that amount.

The Court of Appeal reverses, holding that the 998 offer wasn't effective because it didn't have a place where the defendant could sign (or any instructions on how to accept the offer).

It's pretty easy to draft an effective 998 offer; you can even look at samples online.  That simple mistake here costs the plaintiff a ton of money.

Not exactly the best look for plaintiff's counsel.  Or happy news for its malpractice carrier.

P.S. - The web site for plaintiff's counsel is a bit too flashy for my tastes.  It's like something that you'd see on (bad) late night television.