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ONE STAR, INC. v. STAAR SURGICAL CO.

No. B212098.

179 Cal.App.4th 1082 (2009)

ONE STAR, INC., Plaintiff, Cross-defendant, and Respondent, v. STAAR SURGICAL COMPANY, Defendant, Cross-complainant, and Appellant.

Court of Appeals of California, Second District, Division Four.

November 30, 2009.

Attorney(s) appearing for the Case

Scheper Kim & Overland, Diann H. Kim, Annah S. Kim and William Forman for Defendant, Cross-complainant and Appellant.

Davis Zfaty, Isaac R. Zfaty; Jeffer Mangels Butler & Marmaro, Mark S. Adams and Monica Vu for Plaintiff, Cross-defendant and Respondent.

OPINION

SUZUKAWA, J. —

INTRODUCTION

Code of Civil Procedure section 998 (section 998) provides that if a plaintiff does not accept a defendant's pretrial settlement offer and then fails to obtain a more favorable judgment at trial, the defendant may recover its costs incurred after the settlement offer. Here, defendant/appellant STAAR Surgical Company (STAAR) made two separate pretrial offers to settle plaintiff/respondent One...

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