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RITZENTHALER v. FIRESIDE THRIFT CO.

No. C038640.

113 Cal.Rptr.2d 579 (2001)

93 Cal.App.4th 986

Charles RITZENTHALER et al., Plaintiffs and Respondents, v. FIRESIDE THRIFT CO., Defendant and Appellant.

Court of Appeals of California, Third District.

November 15, 2001.

Attorney(s) appearing for the Case

Bertram C. Izant, San Francisco, for Defendant and Appellant.

Law Offices of Joseph M. Earley III and Joseph M. Earley III, Paradise, for Plaintiff and Respondent.

Certified for Partial Publication.*

RAYE, J.

Defendant Fireside Thrift Co. (Fireside) appeals from an award of attorney fees in favor of plaintiffs Charles and Lisa Ritzenthaler, contending the Ritzenthalers waived their right to recover attorney fees when they accepted Fireside's offer to compromise under Code of Civil Procedure section 998 (hereafter, section 998). We agree with the trial court that the section 998 compromise...

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