Siri

Filed 8/25/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

SAYS SIRI,

Plaintiff and Appellant, A161923

v. (Napa County SUTTER HOME WINERY, INC., Super. Ct. No. 26-59035) Defendant and Appellant.

Says Siri appeals from a judgment of dismissal entered after the trial court granted a motion by Sutter Home Winery, Inc., doing business as Trinchero Family Estates (Trinchero) to enforce a settlement agreement pursuant to Code of Civil Procedure section 998 (section 998). Siri contends the judgment must be reversed because the court exceeded its authority by purporting to adjudicate whether the parties’ offer and acceptance formed a binding agreement. While it may be that in an appropriate procedural context the formation of a binding settlement agreement can be established–—an issue we do not decide—the trial court erred in holding that such an agreement had been reached pursuant to the procedures of section 998. Therefore, the judgment of dismissal must be reversed. Factual and Procedural History This is the second appeal in this…