One Star, Inc. v. Staar Surgical Co.

Opinion

SUZUKAWA, J.

INTRODUCTION

Code of Civil Procedure section 998 (section 998) provides that if a plaintiff does not accept a defendant’s pretrial settlement offer and then fails to obtain a more favorable judgment at trial, the defendant may recover its costs incurred after the settlement offer. Here, defendant/appellant STAAR Surgical Company (STAAR) made two separate pretrial offers to settle plaintiff/respondent One Star, Inc.’s claims against it, but withdrew the second settlement offer before its statutory expiration. One Star did not accept either offer, and ultimately recovered less…