SHAIN v. CITY OF ALBANY

Docket No. 44715.

106 Cal.App.3d 294 (1980)

165 Cal. Rptr. 69

FRANCES D. SHAIN, Plaintiff and Appellant, v. CITY OF ALBANY, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

May 29, 1980.


Attorney(s) appearing for the Case

COUNSEL

Barbagelata, Carmazzi, Arnold & Del Bino and Robert D. Barbagelata for Plaintiff and Appellant.

Crosby, Heafey, Roach & May, E. Melville McKinney, Peter W. Davis and Clinton A. Johnson for Defendant and Respondent.


OPINION

NEWSOM, J.

The present appeal is from an order striking plaintiff's cost bill and awarding costs to defendant and respondent.

The underlying action was one in tort, tried before a jury. Prior to the commencement of trial, respondent filed an offer of compromise in the amount of $100,000 with each party "to bear its own costs." Plaintiff (hereinafter appellant), rejected the offer, proceeded to trial and obtained a...

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