Legal Opinion

Gonzalez v. Lew

California Court of Appeal, 5th District

Decided February 1, 2018No. B271312PublishedCited by 11 opinions

1Opinion of the CourtLavin, J.

*158INTRODUCTION

*776Code of Civil Procedure section 9981 is a cost-shifting statute designed to encourage parties to settle their lawsuits prior to trial by punishing a party that refuses a reasonable settlement offer. In order to trigger section 998, a settlement offer must be clear, in that it must allow the party receiving the offer to evaluate whether the party making the offer is likely to obtain a more favorable verdict at trial.

In this wrongful death case, two people (Virginia Gonzalez and Maverick Crowder) died after a fire engulfed the rented home in which they were living. Both sets of the…

2Cases cited15 opinions

  1. Murillo v. Fleetwood Enterprises, Inc.California Supreme Court · 1998
  2. T. M. Cobb Co. v. Superior CourtCalifornia Supreme Court · 1984
  3. Martinez v. Brownco Construction Co.California Supreme Court · 2013
  4. Johnson v. Pratt & Whitney Canada, Inc.California Court of Appeal · 1994
  5. Randles v. LowryCalifornia Court of Appeal · 1970

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3Cited by11 opinions

  1. Williams v. Pep Boys Manny Moe & Jack of Cal., California Court of Appeal, 5th District2018
  2. Martinez v. Pub. Employees' Ret. Sys., California Court of Appeal, 5th District2019
  3. Bidasha v. Novastar CA2/5California Court of Appeal · 2020
  4. Burchell v. Faculty Physicians & Surgeons etc.California Court of Appeal · 2020
  5. Gamerberg v. 3000 E. 11th Street, LLCCalifornia Court of Appeal · 2020

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