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California Court of Appeal


Whatley-Cooper v. Miller, B237335

In medical negligence and wrongful death suit, amended judgment for plaintiffs is affirmed, where: 1) plaintiffs' offer to compromise was not defective; 2) the clear recital of the offer that each party was "to bear its own costs" was not rendered ambiguous by the acceptance document language that "costs are to be submitted pursuant to cost bill filed by plaintiff(s)"; 3) the trial court did not abuse its discretion in rejecting defendant's claim that the offer to compromise was made in bad faith, and thus, invalid; and 4) defendant failed to carry his burden to demonstrate the expert fees awarded are unnecessary or unreasonable.

Appellate Information

  • Decided 01/15/2013
  • Published 01/15/2013

Judges

  • FLIER

Court

  • California Court of Appeal

Counsel

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