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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 998

Citation
Section 998
Parent Document
Kelly v. Choon Yee, 213 Cal. App. 3d 336 (1989)
Jurisdiction
California (state)
Effective Date
1989-08-22

Full Text

919 chars
(1970) 4 Cal.App.3d 68 [84 Cal.Rptr. 321]; and it evidently also assumes that respondents were entitled to recover attorney’s fees from Huang following her voluntary relinquishment of a wrongful eviction claim under San Francisco Administrative Code section 37.9, subdivision (f): the amount of costs recoverable from Huang presumably would not be enough to affect the application of section 998. Respondents have not created, however, a record that would permit this court to rule on these issues. They have not at any time requested or received an actual award of costs and attorney’s fees against Huang. Their memorandum of costs made no allocation of expenses to the defense of Huang’s claim, and the minute order awarding costs and attorney’s fees made no such distinction. As a matter of judicial policy, we decline to reopen the proceedings to allow respondents to pursue a claim they failed earlier to initiate.