Consumer Law
Feb. 2, 2023
Judgment less than offer doesn't imply Subaru bad faith, panel rules
"They really only started to contend that the offer was improper once they realized that they didn't beat it at trial, because if they don't beat it, they don't get their post-offer attorney fees and costs under CCP 998," said Subaru lawyer Ryan P. Ruggerello.
Automaker Subaru bargained in good faith with a plaintiff who sued for violations of California’s “lemon law,” even though the final judgment in the plaintiff’s favor was less than the company’s initial offer, according to a recent ruling in the state Court of Appeal.
Subaru was represented in the appeal by James S. Azadian, Cory L. Webster and Derek S. Whitefield of Dykema Gossett PLLC in Los Angeles.
“This se...
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