Robins v. Regal Entertainment Group
Three brothers, W. Jeffrey Robins (Jeffrey), Gregory J. Robins (Gregory), and Richard D. Robins (Richard), filed an action against Regal Entertainment Group (Regal) in connection with the death of their father, William R. Robins (decedent).[1] Each of the three sought relief for wrongful death and survival causes of action. Gregory and Richard settled before trial. Regal made a Code of Civil Procedure section 998 statutory offer to compromise to Jeffrey, who did not accept the offer. Jeffrey continued to trial, in both his individual capacity and his capacity as successor in interest to the decedent. Regal prevailed. The court granted Regals motion for attorney fees and denied Jeffreys motion to strike costs. Jeffrey appeals, contending the costs award violates Code of Civil Procedure section 1026, subdivision (b) and the offer to compromise was invalid, because it was made without apportioning the amount offered as between each of his two capacities and because it was unreasonable in amount. Court reject his arguments and affirm.
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