Ignacio v. CaraccioloAnnotate this Case
After plaintiff rejected defendant's offer of $75,000 in a personal injury action, plaintiff obtained a judgment against defendant for $70,000. Defendant sought to tax plaintiff’s costs, and obtains her own costs, pursuant to Code of Civil Procedure section 998. The trial court concluded that defendant’s settlement offer was invalid under section 998, and denied her the cost-shifting benefits of that statute. Because the release defendant submitted to plaintiff as part of her settlement offer sought to release defendant and others from claims outside the scope of the current personal injury action, it rendered the offer invalid under section 998. Accordingly, the court affirmed the judgment.