I. The 998 Offer to Compromise was Sufficient
Defendant's offer to compromise states:
"PLEASE TAKE NOTICE that defendant, CONNIE HSAIOYUN CHING, hereby offers to compromise this litigation for a waiver of costs pursuant to Code of Civil Procedure § 998.
...
4. This offer to compromise is subject to defendant being provided with a Release of All Claims executed by plaintiff and a Request for Dismissal with prejudice
[Exhibit A attached to Plaintiff's Motion to Tax Costs].
Plaintiff contends that the above language is vague and could be read to release unrelated claims. There were no other pending claims between the parties and the Court has not been made aware of even a potential claim.
The Court finds that the language above as contained in the offer is akin to a request for a "general release" which has been upheld as sufficient. Goodstein v. Bank of San Pedro (1994) 27 Cal.App.4th 899. The language of paragraph 4, coupled also with the preceding language that the offer is mad
Hearing Date
April 07, 2017
Type
Motor Vehicle - PI/PD/WD (General Jurisdiction)
Status
Verdict 02/06/2017
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I. The 998 Offer to Compromise was Sufficient
Defendant's offer to compromise states:
"PLEASE TAKE NOTICE that defendant, CONNIE HSAIOYUN CHING, hereby offers to compromise this litigation for a waiver of costs pursuant to Code of Civil Procedure § 998.
...
4. This offer to compromise is subject to defendant being provided with a Release of All Claims executed by plaintiff and a Request for Dismissal with prejudice
[Exhibit A attached to Plaintiff's Motion to Tax Costs].
Plaintiff contends that the above language is vague and could be read to release unrelated claims. There were no other pending claims between the parties and the Court has not been made aware of even a potential claim.
The Court finds that the language above as contained in the offer is akin to a request for a "general release" which has been upheld as sufficient. Goodstein v. Bank of San Pedro (1994) 27 Cal.App.4th 899. The language of paragraph 4, coupled also with the preceding language that the offer is mad