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Case Name American Safety Casualty Ins. Co. v. Mothershead
Date 05/12/2009
Note [Unpublished] Two plaintiffs who did not accept pretrial settlement offers are not liable for a defendant's expert witness fees, because the offers were unclear and conditional.
Citation B206494
WCC Citation WCC 35212009 CA
Respondent American Safety Casualty Insurance Company (American Safety) filed an action to recover workers' compensation benefits it had paid to Reynoso. Prior to trial, appellants served Code of Civil Procedure section 9981 offers to compromise on both Reynoso and American Safety. The sole issue on appeal is the validity of appellants' offers to compromise made to Reynoso and American Safety. Briskin, Latzanich & Pene, Katherine B. Pene for Plaintiff and Respondent American Safety Casualty Insurance Company and for Intervener and Respondent Salvador Reynoso. The offer was served February 11, 2005 and read, "To Plaintiff, American Safety Casualty Insurance Company and its attorneys of record: [¶] Defendants/Cross-Complainants/Cross-Defendants Terease Mothershead and John Mothershead offer to compromise in the above-entitled action filed by Plaintiff, American Safety Casualty Insurance Company, pursuant to Section 998 of the California Code of Civil Procedure, in exchange for a waiver of costs.

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