ANTONIO BARBA, Plaintiff and Respondent, v. LUPE PEREZ, Defendant and Appellant., 166 Cal. App. 4th 444

Summary

The claimant was injured while helping the owner's tenant to move a refrigerator. The parties had a close relationship, and the claimant waited eight months before filing the lawsuit. He wrote a letter before the suit was filed, stating the amount of his medical bills and requesting that they be paid. His complaint listed his medical expenses and sought damages for lost wages, and he served his § 998 offer with the summons and complaint. The claimant's offer was less than the amount of damages awarded by the jury. The court held that the trial court did not abuse its discretion in awarding the claimant his fees and costs pursuant to § 998. The court observed that a judgment more favorable than an offer constituted prima facie evidence that the offer was reasonable; moreover, the claimant's offer came close to the amount of damages awarded. The owner could have requested additional time to respond to the offer if he did not believe that he had sufficient information to evaluate its ...