RAY v. GOODMAN

Filed 8/21/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

MICHAEL RAY,

Plaintiff and Appellant,

BARBARA GOODMAN et al.,

Defendants and Respondents.

A112661

(Alameda County

Super. Ct. No. 2002069487)

I. INTRODUCTION

Appellant, who won a jury verdict of over $900,000 in a personal injury action against the respondent property owners, appeals from a post-judgment order of the trial court awarding him pre-judgment interest from the date of his second, not his first, Code of Civil Procedure section 998 (section 998) settlement offer to respondents. He claims this order is inconsistent with the language of Civil Code section 3291 (section 3291) and, further, that several cases expressly holding that only the last section 998 offer is valid are inapplicable to the facts of this case. We agree and hence reverse the trial court's order.^[1]

II. FACTUAL AND PROCEDURAL BACKGROUND

According to his complaint filed in October 2002, a little less than a year earlier appellant was injured when he fell on a â€

Description	When there are two successive unaccepted Code of Civil Procedure Sec. 998 offers tendered by a successful plaintiff in personal injury litigation. Plaintiff subsequently recovers a judgment in excess of either offer, prejudgment interest awarded pursuant to Civil Code Sec. 3291 begins to run from the date of the first offer.
Rating	0/5 1 2 3 4 5 0/5 based on 0 votes.