Legal Opinion

Hersey v. Vopava

California Court of Appeal, 5th District

Decided August 14, 2019No. B287896PublishedCited by 3 opinions

1Opinion of the CourtStratton, J.

*794Under Code of Civil Procedure section 998,1 a litigant who refuses an offer to compromise and then obtains a judgment lower than *795the offer is tasked with paying *264the offeror's costs incurred from the date of the rejected offer. Here respondent landlord made two different offers to compromise his tenant's civil complaint under section 998. Both were rejected. This appeal primarily presents a question of costs, that is, how to determine the correct "net" judgment in favor of appellant tenant and, thereafter, whether the judgment is more favorable than the two section 998 offers.

A landlord-tenant…

2Cases cited9 opinions

  1. Martinez v. Brownco Construction Co.California Supreme Court · 2013
  2. Jonathan Vo v. Las Virgenes Municipal Water DistrictCalifornia Court of Appeal · 2000
  3. Wilson v. Wal-Mart Stores, Inc.California Court of Appeal · 1999
  4. Distefano v. HallCalifornia Court of Appeal · 1968
  5. Bank of San Pedro v. Superior CourtCalifornia Supreme Court · 1992

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3Cited by3 opinions

  1. Gorobets v. Jaguar Land Rover North America, LLC CA2/2California Court of Appeal · 2024
  2. Varney Entertainment Grp. v. Avon PlasticsCalifornia Court of Appeal · 2021
  3. Zhang v. Shao CA4/3California Court of Appeal · 2021

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