Representative Cases

Varney v. Avon Plastics Inc. (2021); 61 Cal. App. 5th 222.
Plaintiff filed a complaint in which he alleged fraud and the unauthorized commercial use of his name or likeness in violation of Civil Code section 3344. Defendant served a settlement offer on plaintiff pursuant to Code of Civil Procedure section 998. Before Plaintiff responded to that offer, Defendant served a second settlement offer. Before he formally responded to the first settlement offer, which was for a figure greater than that contained in the later offer, Plaintiff accepted the second offer. The new offer included a stipulation that Defendant would be considered the prevailing party for purposes of any award of attorneys’ fees and costs. Defendant later moved to recover attorneys’ fees and costs based on Civil Code section 3344’s fee shifting provision and its unaccepted Code of Civil Procedure section 998 offer. That motion was denied in the trial court. Justice Goethals wrote the court’s published opinion which affirmed the trial court’s ruling.