Liedholm v. Rosantsson
Filed 5/24/06 Liedholm v. Rosantsson CA1/4
Opinion following rehearing
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION FOUR
| SALLY LIEDHOLM, as Public Administrator of Sonoma County etc., Plaintiff and Appellant, v. THEODORE ROSANTSSON et al., Defendants and Respondents. | A111218 (Sonoma County Super. Ct. No. SCV 225831) |
I.
Introduction
Plaintiff G.A. Skip Moore[1] (Moore) brought a personal injury suit against defendants Theodore Rosantsson and Jayne Rosantsson (collectively, respondents) for injuries arising out of an automobile-motorcycle accident. Prior to trial, respondents made a joint offer to Moore pursuant to Code of Civil Procedure section 998 (section 998) of $15,000, less $2,250 in sanctions Moore had been ordered to pay to respondents, for a net amount of $12,750. The offer also required each party to bear their own costs of suit. Moore refused the offer.
A jury subsequently awarded appellant $12,546.96. After trial, respondents were awarded their costs under section 998. Moore argues that the offer was invalid, and if not, that the trial court erred in its determination that the judgment was more favorable than respondents' section 998 settlement offer.
We filed our original opinion in this matter on April 10, 2006, affirming the judgment. Thereafter, Moore filed a petition for rehearing (Petition), which we granted on May 10, 2006. Having considered the Petition and respondents' answer to the Petition (Answer), we affirm the trial court judgment.[2]
II.
Procedural and Factual Background
On December 29, 1999, Moore's vehicle was rear-ended by Theodore Rosantsson, who was driving a car owned by Jayne Rosantsson. Moore later sued respondents, seeking personal injury and property damages. In his complaint, Moore included causes of action for (1) negligence; (2) estoppel; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) defamation; (6) intentional infliction of emotional distress; and (7) negligent infliction of emotional distress.
On March 18, 2002, respondents made a settlement offer to Moore under section 998, offering $12,750 ($15,000 less court-ordered sanctions in the sum of $2,250 previously imposed on Moore and which was to be paid to respondents) in exchange for each of the following: â€
