SAN DIEGO (Legal Newsline) – A victim of sexual assault has failed in her effort to collect even more money than the $3.9 million she recovered at trial.
That’s because her pre-trial settlement demands were not specific enough, as California’s Fourth Appellate District ruled on Sept. 15 that Kimberly Finlan isn’t entitled to costs and interest related to her rejected settlement offer of $999,000.
Even though plaintiffs who offer to settle cases for much less than they eventually recover can recover costs against defendants who dragged the litigation all the way to trial, Finlan isn’t entitled to because her settlement offer did not include certain descriptions of California’s section 998.
The settlement offer didn’t specify that defense counsel could accept orally in addition to with a signature.
“It is not entirely clear why Finlan takes the position that a judgment would necessarily be signed by Chase’s counsel,” Justice William Dato wrote. “She cites no authority for such a proposition, and we know of no requirement that a judgment be signed by the parties.
“Moreover, even if that were a precondition for a judgment, Finlan’s argument fails because her offer contains no instructions at all as to the manner of acceptance.”
Finlan was an aesthetician at Cal-a-Vie Resort Health Spa in 2014, when Chase attempted to kiss her against her will, CBS8 reported when the verdict came in.
Chase began masturbating in front of her and told her to watch, the report said. She filed suit and offered to settle for $999,000.
The failed offers said:
“Pursuant to Section 998 of the California [Code of Civil Procedure], Plaintiff KIMBERLY FINLAN, offers to settle the Complaint against defendant MICHAEL CHASE for the sum of nine hundred and ninety-nine thousand dollars ($999,000.00), paid by said defendant MICHAEL CHASE and to allow judgment to be entered in favor of said plaintiff, in the sum of [nine hundred and] ninety-nine thousand dollars ($999,000,00).’
“This offer is made pursuant to Section [998] of the California [Code of Civil Procedure], if such offer is not accepted within 30 days after it is made, it shall be deemed withdrawn. In the event this Offer of Compromise is not accepted by the said defendant, defendant is hereby advised that after verdict, Plaintiff intends to seek a reasonable sum to cover costs of expert witnesses, interest at the rate of ten percent (10%) per annum from the date hereof, together with all other costs as provided in Section 998.”
The San Diego trial court found the offers acceptable and added $450,000 in interest and costs to the verdict.
Code 998’s “subdivision (b) provides instructions to the offering party about what a written offer must contain, including some direction to the offeree as to how to accept, and the necessary conditions of a legally valid acceptance,” Dato wrote.
“A mere reference to the code section cannot supply an acceptance provision that would otherwise be entirely missing…”