Ibarra v. Papierniak CA1/3
Appellant Martina M. Ibarra (Ibarra) appeals from a judgment entered after a jury found in favor of respondents Duane and Leslie Papierniak (together, the Papierniaks) and STC Construction and Engineering, Inc., (STC) in her action against respondents for damage to her condominium. She contends: (1) the trial court erred in ruling she had no standing to proceed on her claim for damage to the common area of the condominium building; (2) the court erred in declining to give three proposed special jury instructions; (3) there is insufficient evidence to support the jury’s findings; (4) the court erred in denying her motion for a new trial; (5) the court erred in ruling that the Papierniaks’s offer of settlement under Code of Civil Procedure, section 998 (998 offer) was valid, or alternatively, in finding that the expert fees the Papierniaks incurred—and which the court ordered Ibarra to pay pursuant to the 998 offer—were reasonable.
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