Holding that "[t]he operative language of the first paragraph of section 3291 [of California's Code of Civil Procedure, which is California's prejudgment interest statute,] restricts the availability of prejudgment interest to `damages for personal injury,'" and punitive damages are not "damages for personal injury"
In Martinez, the appellate court held when determining whether the plaintiff is the prevailing party, if costs and attorney fees are included in the Code of Civil Procedure section 998 offer, the trial court should consider the value of those costs and fees when calculating the value of the offer.
96 Cal.App.4th 1017 (Cal. Ct. App. 2002) Cited 107 times
Holding that although defendants had been "disingenuous" and acted with "willful and conscious disregard" of the plaintiff's interests, their conduct did not "reach the level of despicability found in cases in which punitive damages were found to be proper"
50 Cal.App.4th 1367 (Cal. Ct. App. 1996) Cited 87 times
Holding that law firm did not breach fiduciary duty when it expelled partner who was not as productive as firm expected and who was offensive to some of firm's major clients
190 Cal.App.3d 704 (Cal. Ct. App. 1987) Cited 112 times
In Culbertson, the plaintiff rejected a settlement offer because it would have resulted in zero recovery due to a workers' compensation lien. (Culbertson, supra, 190 Cal.App.3d at p. 708.)