Fundamental Investment Growth Shelter Realty Fund v. Gradow

Opinion

JOHNSON, J.

The primary issue raised in defendant’s appeal is whether costs awarded after a successful appeal were properly considered pre-offer costs in determining whether the plaintiff received a more favorable result at trial after rejecting an offer of settlement pursuant to Code of Civil Procedure section 998. We affirm the trial court’s finding those costs should be included in determining plaintiffs net recovery in this case. We dismiss plaintiff’s appeal as untimely.

Facts and Proceedings Below

In 1982, Fundamental Investment Growth Shelter Realty Fund 1-1973, a California…