Gray
Gray v. Stewart
Opinion
Lead Opinion
Reardon, J.
The trial court granted respondents’ motion for summary judgment on appellant’s complaint for personal injury. Appellant appeals the *1396 summary judgment, contending that the trial court erred in concluding that her action was barred by virtue of settlement. We affirm the judgment.
I. Facts
This personal injury action arose from a motor vehicle accident. On February 28, 2001, respondents Crystal Ann and Wayne Stewart served appellant Monika Gray with a Code of Civil Procedure 1 section 998 offer to compromise for $3,750. On March 6, 2001, two days before the mandatory settlement conference, Gray served the Stewarts with an offer for $5,000. The offer did not specify the manner in which an acceptance was to be communicated. The case did not settle at the settlement conference.
On Friday, March 16, 2001, three days before the scheduled trial and after completion of an expert deposition, the Stewarts’ counsel told Gray’s attorneyf|‘we aceeptjyour 998 demand of $5,000.” Gray’s counsel concedes that the acceptance was made, was communicated in unambiguous terms, and that she heard and understood it. Nor did she attach any conditions to the acceptance or the…