No. B280301.

21 Cal.App.5th 933 (2018)

TIMED OUT LLC, Plaintiff and Appellant, v. 13359 CORP., Defendant and Respondent.

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

February 27, 2018.

Attorney(s) appearing for the Case

Conkle, Kremer & Engel, Eric S. Engel and Zachary Page for Plaintiff and Appellant.

Veatch Carlson, John E. Stobart and Serena L. Nervez for Defendant and Respondent.


The issue before us is whether the trial court erred in interpreting defendant 13359 Corp.'s offer pursuant to Code of Civil Procedure section 998 (section 998 offer) to pay a "total sum" of $12,500 "exclusive of reasonable costs and attorney[] fees, if any" as preserving plaintiff's right to seek attorney fees...

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