Arriagarazo

BACKGROUND FACTS AND PROCEDURE

Following the death of their son in a car accident, appellants filed a cross- complaint against cross-defendants (respondents) BMW of North America and Bayerische Motoren Werke AG (collectively, BMW) alleging causes of action for strict product liability, negligence, and wrongful death. In April 2019, BMW served appellants with an offer to compromise pursuant to section 998, which appellants accepted. Under the terms of the offer, BMW agreed to pay appellants $15,000 in exchange for a general release of all claims and causes of action against BMW, “with each side to bear their own costs and attorney fees.” The offer did not otherwise specify how the case was to be finally resolved. On May 28, 2019, the trial court entered a proposed stipulated judgment pursuant to the accepted section 998 offer. Thereafter, BMW successfully moved to vacate the judgment on the ground the terms of the settlement contemplated only a general release and dismissal, not an entry of judgment. On November 19, 2019, the trial court issued an order vacating its judgment. In a prior appeal, appellants challenged the trial court’s order vacating the judgment. This court…