Gotta Make It Clear Where Plaintiff Wearing “Two Hats.”
Defendants in an auto accident case moved for recovery of postoffer costs after plaintiffs rejected a Code of Civil Procedure section 998 offer of $5,001 to Jenna Lane in a case involving Jenna Lane, individually and as a guardian ad litem for Allison, and Allison Lane. After defendants admitted negligence, a jury awarded $1,933 to Jenna and $250 to Allison.
However, the lower court denied the defense motion for 998 postoffer costs, a determination affirmed on appeal in Lane v. Manfred, Case No. G048809 (4th Dist., Div. 3 Jan. 14, 2015) (unpublished), authored by Justice Rylaarsdam on behalf of a 3-0 panel.
The reason for finding the 998 offer invalid was that the defense failed to make it clear with respect to Jenna acting in her individual capacity versus her guardian ad litem capacity. There was no unity of interest between these “two hats,” so the failure of the 998 offer to so delineate what Jenna was having to evaluate for 998 purposes was dispositive in both the lower and appellate courts.