Legal Opinion
Poster v. Southern California Rapid Transit District
California Supreme Court
Decided December 24, 1990No. S011900PublishedCited by 55 opinions
1Opinion of the Court
Opinion
BROUSSARD, J,
In this case we must determine whether a counteroffer precludes acceptance of a statutory settlement offer under Code of Civil Procedure section 998, 1 and whether when a section 998 offer is served by mail, section 1013, subdivision (a) applies to extend the time to respond by five days.
Facts
The facts underlying this settlement controversy are not disputed. On March 17, 1984, plaintiff, Gregory Poster, was a passenger on a Southern California Rapid Transit District (SCRTD) bus when he was attacked by other passengers. He sustained serious injuries when he was thrown from…
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