The Second Appellate District affirmed a judgment. In the published portion of its opinion, the court held that because a cause of action is community property, an offer to compromise may be made jointly to husband and wife without regard to the distinct injuries each might have suffered as the result of the defendant’s alleged breach of contract. The court nonetheless affirmed the contrary result here due to the parties’ reasonable reliance on existing case law.
Richard and Paula Barnett sued insurer First National Insurance Company of America. Prior to trial, First National served the Barnetts with a Code Civ. Proc. §998 offer to compromise. The offer was in the amount of $100,000 “in favor of plaintiffs Richard Barnett and Paula Barnett jointly, with each side to bear their/its own costs.” The Barnetts did not accept this offer.
