Zamora V. Clayborn Contracting Group

This appeal arises out of a typo. In typing up an offer to compromise pursuant to Code of Civil Procedure section 998 *fn1 (section 998 offer), an attorney's legal assistant types the word "against" instead of the phrase "in favor of." As a result, the typed document mistakenly offers to settle the matter for a judgment against the attorney's client in the amount of $149,999. Not surprisingly, the opposing party jumps at the offer. We now consider whether the party who made the erroneous section 998 offer may obtain relief pursuant to the discretionary relief provision of section 473, subdivision (b), and conclude he may.