O’Green v. Kia Motors America CA2/6
A Code of Civil Procedure section 998 offer to compromise is a valid cost-shifting mechanism to settle an action brought under the Song-Beverly Consumer Warranty Act (Song-Beverly Act; Civ. Code, § 1790 et seq.), commonly known as California’s “lemon law.” (Department of Consumer Affairs v. Superior Court (2016) 245 Cal.App.4th 256, 260.) Kia Motors America, Inc. (Kia) offered to pay appellant Danielle Marissa O’Green $30,000.01 plus $7,500 in attorney’s fees and costs, or in the alternative, statutory damages plus attorney’s fees and costs to settle the case before trial. Appellant did not respond to the offer. After the jury returned a $28,100.07 verdict in favor of appellant, the trial court awarded Kia postoffer costs pursuant to section 998, subdivision (c)(1). O’Green appeals, contending that the section 998 offer was invalid and claims that the trial court erred in not awarding appellant postoffer attorney fees ($331,000+) and prejudgment interest. We affir
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