Grossman v. Cozen

Filed 5/30/06  Grossman v. Cozen CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

            APPEAL from an order of the Superior Court of Los Angeles County, Jaqueline A. Connor, Judge.  Reversed.

            Zukor and Nelson, Abram C. Zukor, Marilyn H. Nelson; Pine & Pine, Norman Pine and Beverly Tillett Pine for Plaintiff and Appellant.

            Case, Knowlson, Jordan & Wright, J. Patrick Fleming, Jr.; Gibeaut, Mahan & Briscoe and Greg W. Gibeaut for Defendant and Respondent.

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INTRODUCTION

          Plaintiff Richard Grossman appeals from an order denying his Code of Civil Procedure section 473[1] motion for relief from a judgment entered against defendant Deborah Cozen pursuant to section 998.  Plaintiff contends that the judgment is void, in that it resulted from a section 998 offer made by his attorney, Abram Charles Zukor, without his consent and that the trial court abused its discretion in denying his motion for relief from judgment.  We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

          Plaintiff suffered serious personal injuries in an automobile accident in which defendant was the other driver.  On June 30, 2003, plaintiff and his wife, Joyce Grossman,[2] filed suit against defendant, alleging causes of action for personal injuries on behalf of plaintiff and for loss of consortium on behalf of plaintiff's wife.  In her deposition taken on February 23, 2004, defendant stated that the only applicable liability insurance coverage she had was one policy with personal injury policy limits in the sum of $100,000.  Soon thereafter, on March 3, 2004, Attorney Zukor served defendant with an offer to compromise pursuant to section 998 to settle plaintiff's personal injury cause of action for the sum of $100,000.[3]  By letter dated March 25, 2004, defendant, through her attorney, accepted plaintiff's section 998 offer.

          On April 7, 2004, Attorney Zukor advised defendant's attorney that, as the result of performing an asset check, plaintiff had learned that defendant had significant assets.  Later that day, defendant's attorney received a faxed letter from Attorney Zukor advising that plaintiff was no longer willing to accept the sum of $100,000 for settlement.

          On June 2, 2004, defendant filed an application for entry of judgment pursuant to section 998, requesting entry of judgment on plaintiff's March 3, 2004 offer to compromise.  On June 9, 2004, judgment was entered:  â€