Arriagarazo v. BMW of North America, LLCAnnotate this Case
Cross-complainants and appellants Antonio Arriagarazo and Alicia Rodriguez de Arriaga accepted an offer to compromise their wrongful death suit against cross-defendants-respondents BMW of North America and Bayerische Motoren Werke AG (BMW) pursuant to Code of Civil Procedure section 998,1 agreeing to sign a general release in exchange for monetary payment. Judgment was entered on the compromise, however the trial court subsequently vacated the judgment as void on the ground that BMW’s section 998 offer purportedly did not contemplate entry of judgment. Appellants contended the trial court erred in vacating judgment. The Court of Appeal agreed with appellants and reversed the trial court’s order.