California Court of Appeal

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Guerrero v. Rodan Termite Control, Inc., A118355

In an action arising out of a plaintiff's claims against multiple defendants for defects in a newly purchased home, an award of all costs to plaintiff is affirmed where: 1) the determination of whether plaintiff recovered more or less than the amount offered by defendant for the purpose of applying Code of Civil Procedure section 998 is to be made taking into account any other settlements entered as of the time the section 998 offer was outstanding, but not considering settlements that had not yet been reached; and 2) the trial court implicitly applied such approach in this case.

Appellate Information

  • Decided 06/16/2008
  • Published 06/16/2008


  • POLLAK, Acting P.J.


  • California Court of Appeal


  • For Appellees:
  • Stephen J. Mackey, Donahue Bates Blakemore & Mackey, Sacramento, for Plaintiff and Respondent., Scott A. Lewis, Perry, Johnson, Anderson, Miller & Moskowitz LLP, Santa Rosa, for Defendants and Appellants.
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