Zamora

Certified for Partial Publication. [*]

Appellant Clayborn Contracting Group, Inc. (Clayborn) appeals from a trial court order granting a motion to vacate a judgment entered pursuant to a Code of Civil Procedure, [1] section 998 offer to compromise. Clayborn contends the trial court erred under section 473, subdivision (b) [2] by granting relief from the section 998 judgment because there was no evidence of fraud or undue influence. As we find no such requirement of fraud or undue influence under section 473, we will affirm.

Respondent Pablo Zamora (Zamora), doing business as Creative Engineering and Fabrication, filed an action against Clayborn alleging breach of contract due to Clayborn's failure to pay for road signs supplied by Zamora. Clayborn answered and filed a cross-claim.

On February 9, 2000, Zamora presented Clayborn with an offer to compromise pursuant to section 998. [3] In relevant part, the offer provided:

Clayborn accepted the offer by filing a notice of acceptance with the trial court on February 17, 2000. Approximately six days later, Zamora's counsel, Glen Gates, wrote the trial court explaining the offer to compromise contained clerical errors…