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California Court of Appeal


Bates v. Presbyterian Intercommunity Hospital, Inc., B232731

In a suit against a hospital under the Elder Abuse and Dependent Adult Civil Protection Act that the appellant dismissed against the respondent after rejecting an offer to settle, an award of costs to the respondent is affirmed, where: 1) costs awardable under Cal. Code Civ. Proc. sections 1032 and 998 cannot be precluded by an implication that Welfare and Institutions Code section 15657 would preclude them; and 2) the appellant did not meet her burden to establish unreasonableness or lack of good faith in the respondent's section 998 offer.

Appellate Information

  • Decided 03/12/2012
  • Published 03/12/2012

Judges

  • Manella

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Russell S. Balisok, Fonda & Fraser

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