Judge: Donald F. Gaffney, Case: Adams v. Ford Motor Company, Date: 2022-10-05 Tentative Ruling
Motion for Attorney’s Fees.
Plaintiff Shira Adams moves for an award of $74,398.50 in attorney’s fees and $9,914.62 in costs, plus a 0.3x fee enhancement for a total of $22,319.55. For the following reasons, the motion is DENIED without prejudice.
Code Civ. Proc. § 998(b)(1) provides:
If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter judgment accordingly. In the case of an arbitration, the offer with proof of acceptance shall be filed with the arbitrator or arbitrators who shall promptly render an award accordingly.
Here, the Section 998 offer and acceptance was not filed with the court. No judgment has been entered, and, because no judgment has been entered, Plaintiff is not technically a prevailing party (yet) pursuant to Code Civ. Proc. § 1032. Because Plaintiff is not yet a prevailing party, he is not yet entitled to costs pursuant to Section 1033.5, including attorney’s fees. The motion is premature and is denied without prejudice. (Roden v. Bergen Brunswig Corp. (2003) 107 Cal.App.4th 620, 630, fn. 3 (noting that a court does not have power to adjudicate a dispute as to the offer’s terms before entering judgment).)
Plaintiff to give notice.