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  1. #1
    Join Date
    Apr 2015
    Posts
    3

    Default If You Accept an Offer of Compensation Do You Have to Dismiss Your Case

    My question involves court procedures for the state of: California

    I am taking Orbitz, LLC to court over a refund they failed to provide (although promised in writing) from 2013. I have now served them and am awaiting my court date next month when they send me an email offering to send me a check for the refund amount plus a $300 orbitz credit. I am suing them for around $700 to cover my costs.

    I don't want the orbitz credit, but what are my rights here, since they offered to send me a check am I required to accept it and drop my small claims case? I've asked for payment numerous times before (in writing) and have been denied.

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: If You Accept an Offer of Compensation Do You Have to Dismiss Your Case

    If they're offering you a full refund, plus a $300 credit, what else do you imagine you'll recover through your lawsuit? You can ask that they cover your filing fees and the cost of service, if that hasn't been factored in, and see what they say.

  3. #3
    Join Date
    Apr 2015
    Posts
    3

    Default Re: If You Accept an Offer of Compensation Do You Have to Dismiss Your Case

    I don't intend to use Orbitz ever again, the $300 is no use to me. I will email them asking to cover my fees in addition to the refund. Thanks for the tip.

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: If You Accept an Offer of Compensation Do You Have to Dismiss Your Case

    Be careful. If you don't receive an award larger than the amount offered in settlement when your case goes to trial, you may be liable for the other party's legal expenses. When a plaintiff rejects a pretrial settlement offer and then doesn’t get a more favorable judgment at trial , the plaintiff must pay the defendant’s costs from the time of the offer. That is to discourage needlessly prolonging litigation.

  5. #5
    Join Date
    Mar 2013
    Posts
    17,921

    Default Re: If You Accept an Offer of Compensation Do You Have to Dismiss Your Case

    Quote Quoting gilfog
    View Post
    I don't intend to use Orbitz ever again, the $300 is no use to me. I will email them asking to cover my fees in addition to the refund. Thanks for the tip.
    Yes, once you settle and get the money you dismiss your case.

    Make sure you get the money first, then file your dismissal.

  6. #6
    Join Date
    Apr 2015
    Posts
    3

    Default Re: If You Accept an Offer of Compensation Do You Have to Dismiss Your Case

    Thanks for all the advice. I've replied telling them I'd like all my costs covered as well, will update with what happens.

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