Scott Co. of California v. US Fidelity & Guaranty
In appeal, the court held that triable issues of fact made summary judgment inappropriate in a lawsuit naming the sureties on a payment bond. Upon remand, the superior court conducted a trial and found that the sureties had agreed to be bound by their principal's settlement offer under Code of Civil Procedure section 998. Accordingly, the superior court ruled that the sureties were entitled to benefit from the offer and were not liable for any attorney fees incurred by the plaintiff.
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