Where Section 998 Offer Did Not Expressly Reference Dismissal Of Action, Entry Of Judgment By Accepting Offerees Was Proper.
In our April 30, 2021 post, we discussed Arriagarazo v. BMW of North America, LLC, Case No. C090980 (3d Dist. May 26, 2021) (published), which was unpublished when first issued on April 30, 2021. It held that a section 998 acceptance contemplates entry of judgment, as opposed to a dismissal of the action, unless the 998 offer expressly indicates dismissal as a condition otherwise. The Third District certified this opinion for publication on May 26, 2021.