The defense filed a Prop 213 motion for summary adjudication to stop Brian’s client from an award of pain and suffering damages at trial. Brian filed his opposition, and before the hearing, the defense voluntarily withdrew the motion. Brian then served the defense with a CCP 998 offer to compromise for the entire $1,000,000 insurance policy limits, which was set to expire the same day his client was to be examined by the defense doctor.
The defense asked for multiple extensions of time to respond to the CCP 998 offer to compromise, but Brian said no. During the middle of the examination, the lead defense lawyer called Brian and agreed to pay the $1,000,000 insurance policy limits without even waiting to hear what their doctor had to say.