Saakyan
Saakyan v. Modern Auto, Inc.
Opinion
Opinion
Aldrich, J.
Introduction
In this personal injury lawsuit, we deal with a narrow question concerning statutory offers to compromise under Code of Civil Procedure section 998. The issue arises because this case was tried twice. The first trial resulted in a defense verdict and judgment for defendant, Modem Auto, Inc., which were then set aside by the grant of a motion for new trial. The second trial resulted in a verdict for plaintiffs, Oganes Saakyan and Gamick Paronyan. Following the second trial, the court denied plaintiffs’ motions for expert witness fees (§ 998, subd. (d)) and prejudgment interest (Civ. Code, § 3291) on the ground the first verdict extinguished any rights plaintiffs may have acquired by virtue of their section 998 offers.
In the published portion of this opinion, we hold a statutory offer to compromise under section 998 is not extinguished by a judgment that is vacated by a subsequent order for a new trial. Accordingly, we reverse the order taxing costs and remand for reconsideration consistent with this opinion.
In the unpublished portion of this opinion, we hold that there was no jury misconduct in the second trial, and affirm the judgment.