Finlan

Filed 9/15/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

KIMBERLY FINLAN, D078410

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2014-00036134-

CU-PO-NC)

MICHAEL CHASE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Earl H. Maas, III, Judge. Affirmed in part and reversed in part. Konoske Akiyama & Brust, Gregory P. Konoske, D. Amy Akiyama and Megan K. Hawkins for Defendant and Appellant. Ritter & Associates, Dwight Ritter and Karen Albence for Plaintiff and Respondent.

As experienced litigators know, an offer from the opposing party to compromise pursuant to Code of Civil Procedure section 998 should be carefully reviewed, because if it is not accepted and trial produces a less favorable result, offerees might be penalized for their earlier reticence to settle by being required to pay certain litigation costs of their opponents.1 But offerors must exercise caution as well, and take particular care that their offers meet all of the requirements enumerated in section 998. One such requirement is the inclusion…