Hofer

Defendants Lisa and Dan Young accepted plaintiff Jan Ardeene Hofer’s statutory offer to compromise a personal injury action for $11,000 (Code Civ. Proc., § 998; all further section references are to the Code of Civil Procedure unless otherwise indicated) and judgment was taken in accordance with the terms and conditions stated in the offer. Plaintiff moved to vacate the judgment, contending the acceptance was not valid because it was sent by facsimile transmission (fax), it was not served, and it was not filed with the court within 35 days. The judgment was vacated and defendants appeal. We reverse and remand the case to the superior court.

Procedural Background

On January 19, 1994, plaintiff served defendants by mail with an offer to compromise pursuant to section 998. Thirty-three days after service of the offer, defendants faxed and mailed a letter accepting the offer. The zip code included in the address appearing on the envelope was erroneous.

After receiving the faxed acceptance, plaintiff’s counsel mailed and faxed a revocation of the offer stating plaintiff rejected “the faxed acceptance faxed February 22, 1994.” Plaintiff filed the revocation the following…