(1) PLAINTIFFS’ MOTION FOR REQUEST FOR PARTIAL DISMISSAL AND/OR RULING
ON VALIDITY OF 998 OFFER AND/OR TO AMEND AND PERFORM PRE-
CERTIFICATION DISCOVERY
TENTATIVE RULING: Plaintiffs Julie Simon Van Leeuwen and Frans Simon Van
Leeuwen’s motion is DENIED. On April 8, 2019, the Court entered an order of dismissal of defendant StoragePro, Inc. pursuant to California Rules of Court, rule 3.770. On September 11, 2019, plaintiffs Julie Simon Van Leeuwen and Frans Simon Van Leeuwen and defendant signed and accepted a section 998 offer. Defendant offered to pay $100,001 in exchange for plaintiffs, in their individual and representative capacity, dismissing and releasing their claims against defendant.
Importantly, the offer and lump sum payment applied not only to plaintiffs, but to all “others similarly situated.” On this basis, and assuming without deciding that section 998 applies to class actions, the Court finds the section 998 offer is invalid. (See Nelson v. Pearson Ford Co. (2010) 186 C