Briscoe v. The Painted Nail CA2/7

Filed 8/20/14 Briscoe v. The Painted Nail CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

CHALET ASKEW BRISCOE, B252066

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC489664) v.

THE PAINTED NAIL et al.,

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard Fruin, Judge. Affirmed and remanded for determination of attorney’s fees. Jeff Katofsky for Defendant and Appellant The Painted Nail and Katheryn Cazorla. Law Offices of Jonathan J. Delshad and Jonathan J. Delshad for Plaintiff and Respondent Chalet Askew Briscoe.

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The Painted Nail and Kathryn Cazorla (Painted Nail) appeal the court’s judgment entered pursuant to Code of Civil Procedure section 998. We affirm and remand to the trial court for the determination of attorney’s fees.

FACTUAL AND PROCEDURAL BACKGROUND Briscoe filed a complaint asserting five causes of action, claiming that Painted Nail terminated her in retaliation for submitting accusations of legal offenses to the State Board of Cosmetology. She included a cause of action alleging a violation of Labor Code section 201 for Painted Nail’s delay in sending her final paycheck, asserting a request for attorney’s fees under Labor Code section 218.5. Painted Nail prepared and sent to Briscoe’s counsel a section 998 offer to compromise: “TO PLAINTIFF AND TO HER ATTORNEY OF RECORD: Defendants…jointly offer to have judgment entered against them in favor of plaintiff in the amount of Twenty-Five Thousand Dollars ($25,000.00) pursuant to Section 998 of the Code of Civil Procedure. Payment of such shall include a complete release and dismissal of all claims by plaintiff. This offer may be accepted pursuant to the terms and conditions of Section 998, and if not timely accepted, it is permanently withdrawn.” Briscoe’s counsel timely accepted the offer, in writing: “TO THE COURT, THE PARTIES, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that plaintiff Chalet Askew Briscoe (“Plaintiff”) hereby accepts defendants The Painted Nail LLC and Katie Cazorla (“Defendant”) Code of Civil Procedure §998 offer to allow judgment to be entered in Plaintiff’s favor and against Defendant for the sum of $25,000.00.” Painted Nail did not assert, at the time it received the response, that the acceptance did not comply with the law. Appellant’s actions at the time, including the filing of a motion to enforce the settlement, were consistent with the belief that there was no deficiency in the acceptance. At oral argument, Briscoe’s counsel confirmed that the acceptance was, as legally required, an acceptance of all terms of the Code of Civil Procedure section 998 offer.