Glende Motor Co. v. Superior Court

Opinion

SIMS, J.

In this case, the parties dispute whether a settlement agreement was reached pursuant to procedures set forth in section 998 of the Code of Civil Procedure. We hold, among other things, that a qualified acceptance of a section 998 offer (hereafter 998 offer) constitutes a counteroffer that serves to revoke the offeree’s power to accept the 998 offer.

Factual and Procedural History

Petitioner Glende Motor Company (hereafter Glende) sells new cars. In the action below Glende is suing its landlords, real parties in interest (hereafter defendants), for damages for failure to pay over…