Civil Procedure,
Civil Litigation
Oct. 14, 2025
Avoiding unintended attorney fee exposure in Section 998 offers: lessons from the 9th Circuit
A recent 9th Circuit decision underscores the need for precise drafting in section 998 offers to avoid unintended fee exposure when multiple claims are at issue.
Peter R. Boutin
Senior Counsel
Keesal, Young & Logan PC
450 Pacific Avenue
San Francisco , CA 94133
Email: peter.boutin@kyl.com
Santa Clara Univ SOL; Santa Clara CA
Stacey M. Garrett
Shareholder
Keesal, Young & Logan
400 Oceangate
Long Beach , CA 90802
Phone: (562) 436-2000
Fax: (562) 436-7416
Email: stacey.garrett@kyl.com
UC Hastings COL; San Francisco CA
California Code of Civil Procedure section 998 remains one of the state's most powerful -- and perilous -- settlement tools. A recent 9th Circuit decision underscores how even a minor ambiguity in a section 998 offer can result in significant and unexpected exposure to attorneys' fees. The ruling in Alvarado v. Wal-Mart Associates, Inc. highlights the need for precision when drafting section 998 offers, especially in cases invol...
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