MESA FOREST PROD. v. ST. PAUL MERCURY INS.

No. B125740.

86 Cal.Rptr.2d 398 (1999)

73 Cal.App.4th 324

MESA FOREST PRODUCTS, INC., Plaintiff and Respondent, v. ST. PAUL MERCURY INSURANCE COMPANY, Defendant and Appellant.

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

Review Denied October 20, 1999.


Attorney(s) appearing for the Case

Fink & Feldman, Mark A. Feldman, Los Angeles, Jeffrey Lewis and Michael Yaro, for Defendant and Appellant.

Throckmorton, Beckstrom, Oakes & Tomassian, A. Robert Throckmorton and Robert S. Throckmorton, Newport Beach, for Plaintiff and Respondent.


MASTERSON, J.

This appeal presents the question of whether, in determining if a plaintiff in a contract action has obtained a "judgment" more favorable than an offer to compromise (Code Civ. Proc., § 998), the trial court should take into account the defendant's postoffer payments on the debt.

We answer that question in the affirmative.1

BACKGROUND

Plaintiff Mesa Forest Products, Inc., contracted with California...

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