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: Settle It Now Negotiation BlogFEHA Attorney Fees Unavailable Under Cal Civil Code 998
By Victoria Pynchon
Civil Procedure Sec. 998--which permits a defendant to shift costs to plaintiff if plaintiff rejects a settlement offer and then fails to obtain a more favorable judgment--does not eliminate substantive requirements for awarding attorney fees to a prevailing Fair Employment and Housing Act defendant; prevailing defendant in FEHA action is only entitled to recover fees if plaintiff rejects defendant's settlement offer, fails to obtain a more favorable judgment, and plaintiff's action was without any legal or factual foundation. Mangano v. Verity, Inc.
Full post as published by Settle It Now Negotiation Blog on October 23, 2008 (boomark / email).
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