Yanez

Yanez v. SOMA Environmental Engineering, Inc.

Good Law
111 Cal. Rptr. 3d 257·185 Cal. App. 4th 1313·2010 Cal. App. LEXIS 966
Court of Appeal of CaliforniaJune 24, 2010A123893California23,259 words

Opinion

Opinion

MARGULIES, Acting P.J.—

Plaintiff Ana Silva Yanez sued defendants SOMA Environmental Engineering, Inc., Mansour Sepehr, and Brian Tims (collectively SOMA) for injuries she suffered in an automobile accident. A jury found that SOMA's negligence caused Yanez's injuries, and returned a special verdict awarding her $150,000 in damages, including $44,519.01 in damages for past medical expenses. After judgment was entered, SOMA moved to reduce the award for medical expenses to $18,368.24, which was the amount actually accepted by Yanez's medical providers as payment in full under their contracts with Aetna and Healthnet, her private health insurers. The trial court granted the motion and entered an amended judgment reducing Yanez's damages award.

Yanez appeals from the amended judgment, contending the trial court erred in reducing the jury's award, and in denying Yanez her postoffer costs and interest under Code of Civil Procedure section 998. We reverse the amended judgment and remand the case back to the trial court to (1) enter a new judgment restoring the original amount of damages awarded by the jury, and (2) redetermine Yanez's entitlement to an award of costs and prejudgment…

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