Ignacio

Yolanda Lachi Ignacio, the plaintiff in a personal injury action, was offered $75,000 by defendant Marilynne Caracciolo to settle the action under certain terms, including that plaintiff execute a release. Plaintiff rejected the offer, and subsequently obtained a judgment against defendant for $70,000. Defendant sought to tax plaintiff’s costs, and obtains her own costs, pursuant to Code of Civil Procedure section 998. The trial court concluded defendant’s settlement offer was invalid under section 998, and denied her the cost-shifting benefits of that statute. Defendant appeals. Because the release defendant submitted to plaintiff as part of her settlement offer sought to release defendant and others from claims outside the scope of the current personal injury action, it rendered the offer invalid under section 998. We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On April 10, 2013, plaintiff was injured in an “auto versus pedestrian” accident; she was struck by defendant’s vehicle. On June 11, 2013, plaintiff filed suit against defendant, alleging causes of action for motor vehicle and general negligence.

On March 20, 2015, counsel for defendant conveyed to…