Guzman v. Visalia Community Bank

While Visalia's (defendant) summary judgment motion against Guzman (plaintiff) was pending, Visalia sent a formal section 998 settlement offer for $60,000; during subsequent phone discussions, Guzman's attorney called the offer insulting and demeaning without formally accepting or rejecting it, and separately told Visalia's counsel she intended to argue against the summary judgment motion, but that evening faxed a letter formally accepting the section 998 offer. The trial court found the phone comments constituted a rejection defeating the later acceptance, granted summary judgment to Visalia, and Guzman appealed.