Judge: Kenneth J. Medel, Case: 37-2022-00033870-CU-BC-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - December 07, 2023

12/08/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00033870-CU-BC-CTL CURRIER VS AMERICAN HONDA MOTOR COMPANY INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 11/14/2023

Defendant American Honda Motor Co., Inc.'s Motion to Set Aside the Code of Civil Procedure Section 998 Offer that was accepted in this case on September 7, 2023 is GRANTED. AHM seeks this relief under the mandatory, or in the alternative the discretionary, provisions of Code of Civil Procedure section 473(b) on the grounds of mistake, inadvertence, surprise, and/or excusable neglect of AHM's counsel on the basis that the 998 Offer was erroneously served for an amount that exceeded defense counsel's authority. The Court finds that AHM has demonstrated mistake and inadvertence and sets the CCP 998 Offer aside.

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