[TENTATIVE] ORDER RE MOTION TO VACATE JUDGMENT
On May 13, 2019, plaintiffs Alfret Moradian and Serpooei Babakhanian filed this action arising from a motor vehicle accident against defendants David Laliberte and Alert Plating Company (“Defendants”). On October 16, 2019, each plaintiff served a Code of Civil Procedure section 998 Offer to Compromise on Defendants. The parties then engaged in settlement negotiations. On November 14, 2019, Defendants accepted the offers and filed the accepted offers. On February 4, 2020, plaintiff Alfret Moradian filed this motion to vacate judgment pursuant to Code of Civil Procedure section 473, subdivision (b). Defendants oppose the motion.
Judgment has not yet been entered pursuant to section 998. Therefore, there is no judgment to vacate. Section 472, subdivision (b) does not give a court the authority to set aside accepted 998 offers.
The situation here is similar to that in Roden v. Bergen Bruswig Corp. (2003) 107 Cal.App.4th 620. In that case, t
Hearing Date
March 05, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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[TENTATIVE] ORDER RE MOTION TO VACATE JUDGMENT
On May 13, 2019, plaintiffs Alfret Moradian and Serpooei Babakhanian filed this action arising from a motor vehicle accident against defendants David Laliberte and Alert Plating Company (“Defendants”). On October 16, 2019, each plaintiff served a Code of Civil Procedure section 998 Offer to Compromise on Defendants. The parties then engaged in settlement negotiations. On November 14, 2019, Defendants accepted the offers and filed the accepted offers. On February 4, 2020, plaintiff Alfret Moradian filed this motion to vacate judgment pursuant to Code of Civil Procedure section 473, subdivision (b). Defendants oppose the motion.
Judgment has not yet been entered pursuant to section 998. Therefore, there is no judgment to vacate. Section 472, subdivision (b) does not give a court the authority to set aside accepted 998 offers.
The situation here is similar to that in Roden v. Bergen Bruswig Corp. (2003) 107 Cal.App.4th 620. In that case, t