Ward

Petitioner and the real party in interest were involved in an automobile accident. The real party in interest filed suit against for damages arising out of that accident. On May 21, 1973, with service of the summons, and complaint in that action, the real party in interest caused to be served on petitioner a statutory offer of compromise (Code Civ. Proc., §§ 998 and 999) in the following terms:

On June 8, 1973, counsel for the real party in interest wrote to an employee of the Auto Club, reciting that inquiry had disclosed assets of petitioner in addition to his insurance policy with the club, expressly the original offer and tendering a new offer to settle for a larger sum. On June 14, 1973 (within 30 days from the service of the original offer) petitioner, through his attorneys, filed an answer in the lawsuit, together with a notice of acceptance of the original offer. Real party in interest moved to strike the notice of acceptance, which motion was granted, by a minute order dated July 3, 1973.

Petitioner sought mandate in this court “directing Respondent Superior Court forthwith to vacate its minute order of July 3, 1973 in Los Angeles Superior Court Case No. NW C…