Martinez v. Eatlite One, Inc.

Filed 10/3/18

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

SAMANTHA MARTINEZ,

Plaintiff and Respondent, G055096

v. (Super. Ct. No. 30-2014-00746640)

EATLITE ONE, INC., OPINION

Defendant and Appellant.

Appeal from postjudgment orders of the Superior Court of Orange County, David T. McEachen, Judge. (Retired judge of the Orange Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Reversed and remanded with directions. Law Offices of Mark B. Plummer and Mark Brennan Plummer for Defendant and Appellant. Paul M. Hittelman for Plaintiff and Respondent.

* * *

Plaintiff Samantha Martinez sued defendant Eatlite One, Inc., for employment discrimination among other things. A jury found in favor of plaintiff on all of her claims and awarded $11,490 in damages. After the court entered judgment, both parties submitted competing memoranda of costs, and plaintiff filed a motion for attorney fees. The court awarded costs and attorney fees to plaintiff. Defendant contends the court erred because plaintiff did not obtain a judgment more favorable than defendant’s 1 offer to compromise under Code of Civil Procedure section 998 (998 offer). We agree and reverse the portions of the postjudgment orders awarding post-offer costs and attorney fees to plaintiff.

FACTS

Plaintiff worked as a sandwich maker and cashier at a Subway store owned by defendant. Defendant terminated plaintiff’s employment while she was pregnant. Plaintiff then brought an action alleging claims for: (1) employment discrimination in violation of public policy; (2) employment discrimination based on gender and pregnancy; (3) failure to provide reasonable accommodations at the workplace; (4) employment discrimination in violation of the California Constitution; and (5) negligent supervision and retention. In March 2015, defendant made a 998 offer in the amount of $12,001. The offer provided: “Defendant . . . offers to allow judgment to be taken in favor of Plaintiff . . . and against . . . Defendant in the amount of $12,001.00 pursuant to Code of Civil Procedure Section 998.” The offer further stated: “If this offer is not accepted within thirty (30) days, or prior to trial, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence upon the trial. In the event Plaintiff fails to