Guerrero v. Rodan Termite Control, Inc.

Opinion

POLLAK, Acting P. J.

— This is the second appeal in an action arising out of plaintiffs claims against multiple defendants for defects in his newly purchased home. In the first appeal, this court affirmed a judgment reducing to zero a verdict plaintiff obtained against one of the defendants by offsetting against the verdict the amount of a larger pretrial settlement with other defendants. The present appeal questions whether a pretrial settlement and corresponding offset to zero necessarily requires the shifting of postoffer costs under Code of Civil Procedure 1 section 998 if the…