Clement v. Geico Gen. Ins.
Filed 2/8/07 Clement v. Geico Gen. Ins. CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
JOHN CLEMENT, Plaintiff and Appellant, v. GEICO GENERAL INSURANCE COMPANY, Defendant and Respondent. | B192230 (Los Angeles County Super. Ct. No. YC051281) |
APPEAL from an order of the Superior Court of Los Angeles County, Lois A. Smaltz, Judge. Reversed and remanded with directions.
Moriarity & Associates and John L. Moriarity for Plaintiff and Appellant.
No appearance on behalf of Defendant and Respondent.
Plaintiff, John Clement, was injured in an automobile collision. He filed, but later dismissed, a personal injury action against others involved in the accident. This case arises out of a contractual uninsured motorist arbitration proceeding between plaintiff and his insurer, defendant, Geico General Insurance Company. (Ins. Code, § 11580.2.) Prior to the arbitration, plaintiff served on defendant a Code of Civil Procedure section 998 offer to compromise for $9,999. Defendant rejected the offer. The arbitrator subsequently awarded plaintiff the $30,000 uninsured motorist policy limit. An April 5, 2006 judgment was entered in conformity with the arbitrator's award. Plaintiff then sought an award of costs. On June 14, 2006, the trial court denied plaintiff's motion for costs and granted defendant's motion to tax costs. The trial court ordered, â€