Avner

Background A. 2007 Judgment OSMU was formed in 1987 to establish an outpatient surgical facility with office space for physicians, with Sherman was its sole general partner. In 1998, Avner allegedly contracted the human papillomavirus during a procedure performed by an OSMU physician. In January 1999, he sued OSMU, the physician and others for professional negligence. Sherman was not named as a defendant. OSMU’s insurer, Western Indemnity Insurance Company, provided a defense. On January 28, 2002, the trial court granted OSMU’s motion for summary judgment, but on June 5, 2004, we reversed that ruling and remanded the matter. (Avner v. Lai (2004) 2004 Cal.App.Unpub.LEXIS 1131.) On May 30, 2007, Avner served an offer to compromise on OSMU. The offer stated that “Pursuant to Code of Civil Procedure section 998, Plaintiff Correy B. Avner offers to have judgment entered in his favor in this action in the sum of $725,000 in satisfaction of all claims for damages, costs and expenses, attorney fees and interest. You may indicate your acceptance of this offer by signing the statement to that effect set forth below.” OSMU signed the statement on June 13, 2007, representing that…