Baiocchi v. Ford Motor Co. CA4/3
Baiocchi filed a complaint against Ford alleging a claim under the Song Beverly Consumer Warranty Act (Civ. Code, § 1790 et. seq., the Song Beverly Act)).
In April 2019, Ford served Baiocchi with an offer to compromise pursuant to Code of Civil Procedure section 998 (the 998 offer), which was promptly accepted by Baiocchi’s counsel, Jim Whitworth.
The pertinent terms of the 998 offer were:
“1. Ford will pay [Baiocchi] $27,000.00 which constitutes a statutory buyback on the basis of calculation provided by counsel for Plaintiff . . . .
“2. Ford will additionally pay Plaintiff’s attorney’s fees, expenses and costs in the amount of $10,000.00 or, should the $10,000.00 be refused, Ford is willing to allow the Court to determine, based on a noticed motion filed pursuant to Civil Code section 1794(d), the amount of attorney’s fees, expenses and costs reasonably incurred by Plaintiff’s counsel in the commencement and prosecution of this action, as provided by Civil Code sectio
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