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California Civil Procedure, Keyed to Levine, 6th Ed.
Zamora v. Clayborn Contracting Group, Inc.
Citation:
28 Cal. 4th 249, 121 Cal. Rptr. 2d 187, 47 P.3d 1056 (2002)Facts
Pablo Zamora filed suit against Clayborn Contracting Group, Inc., alleging breach of contract for failure to pay approximately $143,000 for road signs produced and supplied by Zamora’s business. Clayborn answered and filed a cross-complaint seeking approximately $157,000 in damages based on an invoice sent before filing the cross-claim. Less than two months before trial, Zamora’s counsel instructed his legal assistant by phone to prepare a section 998 offer to settle for a judgment against Clayborn in the amount of $149,999. Due to office policy and time constraints, counsel authorized his legal assistant to send the document with his stamped signature without his review. The legal assistant mistakenly typed the word “against” instead of the phrase “in favor of,” resulting in an offer for judgment against Zamora for $149,999. Clayborn accepted the offer approximately three days later. Upon discovering the mistake, Zamora’s counsel filed a motion to set aside the offer under section 473(b), supported by declarations from Zamora, counsel, and the legal assistant confirming the error and that Zamora had never authorized settlement for any amount in Clayborn’s favor.
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