Frye

FACTS

In June 2016, Frye filed this lawsuit as a putative class action, alleging gender

discrimination based on a one-day promotional event by Legends that offered discounted

greens fees to women. In March 2018, Frye dismissed his class claims.

Legends then proposed a compromise settlement pursuant to section 998, offering

to pay Frye $4,001 plus “reasonably incurred costs and attorney’s fees to date, if any, in

amounts to be determined by the court.” On June 14, 2018, Frye accepted Legends’

offer. Neither party informed the court of the settlement, however, until October 11,

2018, when Legends filed the accepted section 998 offer.

1 Undesignated statutory references are to the Code of Civil Procedure.

2 Neither party took any further action until a trial setting conference on December

4, 2018. The trial court’s minute order for that hearing states: “Counsel report case

settled.” The court set an order to show cause hearing regarding dismissal for April 4,

2019.

Frye did not file a motion seeking fees and costs, nor did he request dismissal,

before the April 4, 2019 hearing on the order to show cause. The trial court continued the

matter to June 25, 2019,…