Second District, Division 3 Follows Division 7’s Barnett Decision.
In our May 28, 2010 post, we discussed Barnett v. First National Ins. Co. of America, 184 Cal.App.4th 1454 (2010), where the Second District, Division 7 overruled a prior decision and held that a CCP § 998 offer made jointly to a husband and wife in a personal injury case was valid because a cause of action for personal injury is community property and either spouse has the power to accept the offer on behalf of the community.
We now report that the Second District, Division 3 also validated a similar 998 offer, following Barnett and expressly determining that it was correctly decided. Division 3 did so in Farag v. ArvinMeritor, Inc., Case No. B233137 (2d Dist., Div. 3 Apr. 24, 2012) (certified for publication).