The Fifth Appellate District affirmed trial court orders and dismissed a cross-appeal. In the published portion of its opinion, the court held that service of a statutory settlement offer concurrent with the complaint and summons in a newly filed lawsuit rendered the offer unreasonable because the defendant was denied any reasonable opportunity to evaluate the evidence in the case.

Irene Huerta drove onto a highway without noticing an approaching motorcycle. The motorcycle struck Huerta’s van. The motorcyclist, Frankie Najera, was seriously injured.