Wickware

Wickware v. Tanner

Good Law
1997 Cal. App. LEXIS 188·53 Cal. App. 2d 570·53 Cal. App. 4th 570·61 Cal. Rptr. 2d 790·97 Daily Journal DAR 3545
Court of Appeal of CaliforniaMarch 14, 1997D022297California2,176 words

Opinion

Opinion

McDONALD, J.

Plaintiff Tracy Wickware (Wickware) appeals an order granting a motion to tax costs filed by defendants John Tanner, Dawnelle Tanner and Cox Properties, Inc. (sometimes collectively referred to as Tanner) and denying Wickware’s motion for leave to file an amended cost memorandum, for reconsideration and for modification of the judgment.

I

Factual and Procedural Background

Wickware rented an apartment in a building owned by John Tanner and Dawnelle Tanner. The building was managed by Cox Properties, Inc. Wick-ware slipped and fell in her apartment and allegedly suffered personal injuries and incurred property damage. She filed this action against John Tanner, Dawnelle Tanner and Cox Properties, Inc., and alleged (1) general negligence in the ownership and maintenance of the building by all three defendants, and (2) willful failure to warn of a dangerous condition by John Tanner and Dawnelle Tanner.

Approximately three months before trial, Wickware served on Tanner a Code of Civil Procedure section 998, subdivision (d) statutory offer to compromise in the amount of $11,999.99 with a waiver of costs. The offer was not accepted. Approximately two months before trial,…

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