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998 demand 421
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Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Najera v Huerta 191 Cal.App.4th 872 (5) (2011) N served $50K CCP § 998 demand concurrently with complaint, and got $728K verdict. Trial court properly granted motion to tax costs in that the § 998 demand was not made in good faith. San-Diego-Auto-Accident-lawyer.com Where N and lawyer did not have preexisting relationship w/H and her insurer and there was no free flow of information before or during the 998 period, finding absence of good faith is w/in trial court discretion. Distinguishable from Barba 166 CA4th 444 permitting an immediate 998 recovery where there had been a free flow of information (and impliedly criticizing Barba noting the dissent there had the better argument.) San Diego personal injury attorney