California Court of Appeal

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BURCH v. CHILDREN'S HOSP. OF ORANGE COUNTY THRIFT STORES, INC., G029586

Denial of plaintiff's motion seeking prejudgment interest under Civil Code section 3291 and expert witness costs under section 998, is affirmed, where his section 998 settlement offer was not valid because it was not apportioned among defendants and defendants could have been found liable, but not jointly and severally liable for the full amount of the judgment under the permissive user doctrine and Proposition 51.

Appellate Information

  • Decided 06/06/2003
  • Published 06/06/2003

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Grassini & Wrinkle and Roland Wrinkle for Plaintiff and Appellant.

  • For Appellees:
  • Hillsinger, Forgey, Hurrell & Star, Darrell Forgey, John Aitelli, Los Angeles;  Greines, Martin, Stein & Richland, Kent L. Richland and Jens B. Koepke, Los Angeles, for Defendants and Respondents Children's Hospital of Orange County Thrift Stores, Incorporated, and Children's Hospital of Orange County.
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