Zamora v. CLAYBORN CONTRACTING GROUP

109 Cal.Rptr.2d 493 (2001) 90 Cal.App.4th 1088 Pablo ZAMORA, Plaintiff and Respondent,

v.

CLAYBORN CONTRACTING GROUP, INC., Defendant and Appellant.

No. F035221. Court of Appeal, Fifth District.

July 23, 2001. Review Granted October 10, 2001. [494] Weintraub Genshlea Chediak Sproul, Charles L. Post, Sacramento, and Thomas G. Trost, Sacramento, for Defendant and Appellant.

Glen E. Gates, Fresno, for Plaintiff and Respondent.

Certified for Partial Publication.[*]

OPINION

CORNELL, J.

Appellant Clayborn Contracting Group, Inc. (Clayborn) appeals from a trial court order granting a motion to vacate a judgment entered pursuant to a Code of Civil Procedure,[1] section 998 offer to compromise. Clayborn contends the trial court erred under section 473, subdivision (b)[2] by granting relief from the section 998 judgment because there was no evidence of fraud or undue influence. As we find no such requirement of fraud or undue influence under section 473, we will affirm.

FACTUAL AND PROCEDURAL SUMMARY

Respondent Pablo Zamora (Zamora), doing business as Creative Engineering and Fabrication, filed an action against Clayborn alleging breach of contract due to Clayborn's failure to pay for road signs supplied by Zamora. Clayborn answered and filed a cross-claim.

On February 9, 2000, Zamora presented Clayborn with an offer to compromise pursuant to section 998.[3] In relevant part, the offer provided:

"Plaintiff Pablo Zamora aka Pablo Iniguez dba Creative Engineering and Fabrication hereby offers to have judgment taken against himself and for defendant Clayborn Contracting Group, Inc. in the above entitled action pursuant to Section 998 of the Code of Civil Procedure for the sum of $149,999, each party to bear its own costs."