Legal Opinion

Zamora v. Clayborn Contracting Group, Inc.

California Supreme Court

Decided June 17, 2002No. S100352PublishedCited by 1 opinion

1Opinion of the Court

*252Opinion

BROWN, J.

This appeal arises out of a typo. In typing up an offer to compromise pursuant to Code of Civil Procedure section 9981 (section 998 offer), an attorney’s legal assistant types the word “against” instead of the phrase “in favor of.” As a result, the typed document mistakenly offers to settle the matter for a judgment against the attorney’s client in the amount of $149,999. Not surprisingly, the opposing party jumps at the offer. We now consider whether the party who made the erroneous section 998 offer may obtain relief pursuant to the discretionary relief provision of section…

2Cases cited36 opinions

  1. People v. DanielsCalifornia Supreme Court · 1969
  2. Wilcox v. BirtwhistleCalifornia Supreme Court · 1999
  3. Folsom v. Butte County Assn. of GovernmentsCalifornia Supreme Court · 1982
  4. Griffith Co. v. San Diego College for WomenCalifornia Supreme Court · 1955
  5. Donovan v. RRL Corp.California Supreme Court · 2001

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3Cited by1 opinion

  1. Zamora v. Clayborn Contracting Group, Inc.California Supreme Court · 2002

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