Parnala v. Plycon Transportation Group
Plaintiff and respondent Rita Parnala (Parnala) filed suit against defendant and appellant Plycon Transportation Group, Inc. (Plycon) and an individual employed by it,[1] alleging sexual discrimination and harassment. Prior to the trial date, Plycon tendered an offer of compromise pursuant to Code of Civil Procedure section 998.[2] The offer stated that Plycon would, to settle the case, pay Parnala $60,000 in exchange for a dismissal with prejudice. The offer was silent regarding the payment of attorney fees or costs. Parnala accepted the section 998 offer. After payment of the $60,000, Parnalas counsel filed a motion seeking both attorney fees and costs, a motion which, as modified in terms of amount, the trial court granted. Plycon then filed a motion pursuant to section 473 to set aside that award. The trial court denied the motion and Plycon appeals from that order. Court agree with the trial court and affirm its order.
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