Legal Opinion

Poire v. C.L. Peck/Jones Bros. Construction Corp.

California Court of Appeal

Decided November 7, 1995No. B079299PublishedCited by 18 opinions

1Opinion of the Court

Opinion

EPSTEIN, Acting P. J.

There are two issues in these cross-appeals from a judgment in favor of Matthew Poire against C.L. Peck/Jones Brothers Construction Corporation, Inc. (Peck/Jones) for injuries suffered in a construction accident. Peck/Jones argues the trial court erred by refusing to reduce the judgment by an offset for amounts paid to plaintiff by settling defendants. Plaintiff argues that he was entitled to costs, including expert witness fees, under Code of Civil Procedure section 998 1 , because his judgment was more than his statutory offer to settle. He contends that the…

2Cases cited16 opinions

  1. American Motorcycle Assn. v. Superior CourtCalifornia Supreme Court · 1978
  2. Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
  3. DaFonte v. Up-Right, Inc.California Supreme Court · 1992
  4. Tech-Bilt, Inc. v. Woodward-Clyde & AssociatesCalifornia Supreme Court · 1985
  5. Newman v. Emerson Radio Corp.California Supreme Court · 1989

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3Cited by18 opinions

  1. McComber v. WellsCalifornia Court of Appeal · 1999
  2. Torres v. Xomox Corp.California Court of Appeal · 1996
  3. Bostick v. Flex Equip. Co., Inc.California Court of Appeal · 2007
  4. Garcia v. DURO DYNE CORPORATIONCalifornia Court of Appeal · 2007
  5. Rashidi v. MoserCalifornia Supreme Court · 2014

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