How has Section 998 of the California Civil Code been interpreted on appeal?

California, United States of America


The following excerpt is from Bodell Const. Co. v. Trustees of California State University, 62 Cal.App.4th 1508, 73 Cal.Rptr.2d 450 (Cal. App. 1998):

The trial court made its determination solely upon the basis of its interpretation of subdivision (c) of section 998, applied to undisputed facts. As we stated in Rudd v. California Casualty Gen. Ins. Co. (1990) 219 Cal.App.3d 948, 951-952, 268 Cal.Rptr. 624, "[i]t is well settled that the interpretation and application of a statutory scheme to an undisputed set of facts is a question of law [citation] which is subject to de novo review on appeal. [Citation.] Accordingly, we are not bound by the trial court's interpretation."

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