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BARELLA v. EXCHANGE BANK

No. A088938.

101 Cal.Rptr.2d 167 (2000)

84 Cal.App.4th 793

John E. BARELLA, Plaintiff and Respondent, v. EXCHANGE BANK, Defendant and Appellant.

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

Review Denied January 24, 2001.

Attorney(s) appearing for the Case

Horvitz & Levy, LLP, Frederic D. Cohen, Mitchell C. Tilner, Encino, LaFollette, Johnson, DeHaas, Fesler & Ames, Eric R. Swett, Elizabeth A. Burns, Counsel for Defendant/Appellant.

Senneff, Kelly, P.C., Michael D. Senneff, Bonnie A. Freeman, Santa Rosa, Counsel for Plaintiff/Respondent.

RIVERA, J.*

In this case we decide whether a plaintiff suing for defamation can be put at risk for payment of a defendant's costs pursuant to section 998 of the Code of Civil Procedure, if the defendant makes a reasonable settlement offer but attaches to it a condition of confidentiality. In other words, must a plaintiff seeking to vindicate his good name (and to recover damages for its...

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