California Court of Appeal

In cross actions involving allegations of breach of contract after defaulting on a line of credit and gender discrimination, grant of defendants' motion for post-settlement offer attorney's fees and costs is affirmed as, even though it would not have resulted in an appealable final judgment, defendants' offer to settle only the amended complaint was valid to trigger the provisions of Code of Civil Procedure section 998 because it was an offer to the other party in the separate and independent action of the amended complaint which would have allowed "judgment to be taken."

Appellate Information

• Decided 12/19/2007
• Published 12/19/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• The Law Firm of Powell & Pool and Don J. Pool for Plaintiff and Appellant.


• For Appellees:
  
• Sagaser, Jones & Hahesy, Scott D. Laird and David W. Burnett for Defendants and Respondents.