California Court of Appeal

In a case in which the plaintiff refused the defendant's offer of settlement and then failed to obtain a more favorable judgment, a trial court order granting the plaintiff's motion to tax the defendant's cost bill is affirmed, where: 1) the defendant's offer was invalid because did not include a provision that would allow the plaintiff to indicate acceptance of the offer by signing a statement that the offer was accepted; 2) failure to comply with that offer requirement was not subject to a harmless error analysis; and 3) the party receiving the offer is not required to show that he or she would have accepted a valid offer.

Appellate Information

• Decided 05/24/2012
• Published 05/24/2012

Judges

• Cornell

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Horvitz & Levy, Reed Smith