Wagy

Lisa M. Wagy (plaintiff), individually and as guardian ad litem, sued James Franklin Brown and Ethel Brown (defendants) for personal injuries to herself and her minor children arising from an automobile accident. In their answer defendants denied negligence and asserted plaintiffs contributory negligence.

In response to plaintiffs request for admissions (Code Civ. Proc., § 2033), defendants denied negligence.

Pursuant to Code of Civil Procedure section 998, plaintiff made an offer to compromise for $50,000 (further statutory references to sections of an undesignated code are to the Code of Civil Procedure). Defendants did not timely accept plaintiffs offer and it was therefore “deemed withdrawn.” (§ 998, subd. (b)(2).) Thereafter, the case was ordered to judicial arbitration. (§1141.11, subd. (a).)

Defendants admitted for purposes of the arbitration only that they were negligent, thus obviating the necessity for proof on that issue. The arbitrator awarded plaintiff $50,000 and ordered each side to bear its own costs. (See Cal. Rules of Court, rule 1614(a)(8).) Neither party requested a trial de novo (§ 1141.20) and the award was entered as a judgment (§…