New Lee v. Silveira case extends Howell analysis, holding that in order to prevail under C.C.P. Section 998, plaintiff can use only the negotiated rate differential in determining whether he/she did “better” than the statutory offer – not the gross amount the jury may have awarded. Be sure to read our other Howell related posts.
An important Howell-related decision, State Farm Auto Ins. Co. v. Huff (June 11, 2013), was published today by the California Appellate Court, Fourth Appellate District, Division One, holding that enforcing a lien under the Hospital Lien Act ( C.C. Section 3045.1, et seq.) requires a hospital to demonstrate the reasonableness and necessity of its claimed …
Earlier today, the California Court of Appeal, Second Appellate District, Division Three, issued its opinion in the matter of Corenbaum v. Lampkin, holding, inter alia, that “evidence of the full amount billed [for past medical services] is . . . inadmissible for the purpose of proving noneconomic damages.” The decision is highly significant inasmuch as …
