Burch
Burch v. Children's Hospital of Orange County Thrift Stores, Inc.
Opinion
lead Opinion
Fybel, J.
*540 Opinion
Plaintiff Rebecca A. Burch is the victim of severe personal injuries resulting from the collision of her automobile with a truck driven by defendant Eddie Phillip Bretado. Bretado was employed by defendant Children’s Hospital of Orange County Thrift Stores, Incorporated (CHOC Thrift Stores), owned by defendant Children’s Hospital of Orange County (CHOC). Bretado was acting in the course and scope of his employment at the time of the accident. Defendant Westrux International, Inc., was the owner and lessor of the truck driven by Bretado.
Burch’s first amended complaint (the complaint) alleged several theories of liability against all four defendants. These theories included negligent maintenance and negligent entrustment of the truck owned by Westrux. In July 2000, Burch served an unapportioned settlement offer of $50 million on all defendants under Code of Civil Procedure section 998. (All further statutory references are to the Code of Civil Procedure unless otherwise specified.) Defendants did not accept Burch’s offer.
As of the time of the section 998 offer, (1) the complaint alleged certain theories of liability that could make defendants liable, but not…