June 7, 2013

998-settlement-offer and mayhem opinions filing Monday

The Supreme Court will file two opinions on Monday morning.

In Martinez v. Brownco Construction Co., Inc., the court will address the issue: When a plaintiff makes two reasonable settlement offers under Code of Civil Procedure section 998, both of which expire by operation of law, does the second offer extinguish the first such that the later offer is the operative one for purposes of the cost-shifting provisions of section 998, subdivision (d)? Martinez was argued on the early-May calendar.

In People v. Santana, argued in April, the court will decide whether CALCRIM No. 801, which defines the crime of mayhem, incorrectly requires the People to prove that a defendant caused serious bodily injury to the victim.

The opinion can be viewed online Monday beginning at 10:00 a.m.

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