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POSTER v. SOUTHERN CAL. RAPID TRANSIT DIST.

Docket No. S011900.

52 Cal.3d 266 (1990)

801 P.2d 1072

276 Cal. Rptr. 321

GREGORY POSTER, Plaintiff and Appellant, v. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT et al., Defendants and Respondents.

Supreme Court of California.

December 24, 1990.

Attorney(s) appearing for the Case

COUNSEL

David Kyle for Plaintiff and Appellant.

Nouskajian & Cranert, Terrence L. Cranert and Joseph R. Serpico for Defendants and Respondents.

OPINION

BROUSSARD, J.

In this case we must determine whether a counteroffer precludes acceptance of a statutory settlement offer under Code of Civil Procedure section 998,1 and whether when a section 998 offer is served by mail, section 1013, subdivision (a) applies to extend the time to respond by five days.

FACTS

The facts underlying this settlement controversy are not disputed. On...

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