Premium Commercial Services Corp. v. National Bank

Good Law
1999 Cal. App. LEXIS 604·72 Cal. App. 4th 1493·86 Cal. Rptr. 2d 65·99 Daily Journal DAR 6427·99 Cal. Daily Op. Serv. 5032
Court of Appeal of CaliforniaJune 23, 1999B117955California2,135 words

Opinion

Opinion

Armstrong, J.

Appellant Premium Commercial Services Corp. (Premium) sued respondent National Bank of California (the Bank) for breach of contract and other causes of action. The Bank made an offer under Code of Civil Procedure section 998 to settle the case for $201,000. Premium accepted. However, before judgment was entered, the Bank moved to set aside the settlement. The motion was granted and the case proceeded to trial. The jury found for Premium on causes of action for breach of contract, negligence, and account stated, and awarded damages in the amount of $348,000. The trial court granted the Bank’s motion for judgment notwithstanding the verdict and for new trial.

On this appeal, Premium first contends that the trial court erred in setting aside the section 998 settlement. We agree, and thus need not reach Premium’s contentions regarding the posttrial orders. We reverse the post-trial orders and remand the case to the trial court with directions to enter judgment in favor of Premium in the amount of $201,000.

Factual Background

Prior to trial, on February 28, 1997, the Bank made an offer under section 998, that judgment be taken against it in the amount of $201,000. The offer…

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