Lee v. Safeway CA1/2
Plaintiff, an attorney, was driving his car in downtown San Francisco when a door on defendants’ delivery truck opened, hitting plaintiff’s car on the driver’s side, damaging the front door and rearview mirror. The damage was $2,045.20.
Plaintiff filed a complaint alleging five causes of action, including a claim under Business and Professions Code section 17200, seeking among other things punitive damages. Defendants filed a demurrer and motion to strike, set by the court for hearing four months in the future. In the interim, defendants filed a Code of Civil Procedure section 998 offer (998 offer) to allow judgment for $2,495.20. Plaintiff responded with his own 998 offer, for $2,669.69—an offer defendants accepted by letter.
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