Quimbee logo
DMCA.com Protection Status

Zamora v. Clayborn Contracting Group, Inc.

47 P.3d 1056 (2002)

Case BriefRelatedOptions
From our private database of 28,500+ case briefs...

Zamora v. Clayborn Contracting Group, Inc.

California Supreme Court

47 P.3d 1056 (2002)

Facts

Pablo Zamora (plaintiff) and Clayborn Contracting Group, Inc. (Clayborn) (defendant) got into a dispute. Zamora claimed Clayborn owed him approximately $143,000 in damages. Clayborn sent Zamora an invoice, claiming Zamora owed Clayborn approximately $157,000. Zamora filed a complaint for his alleged damages, and Clayborn filed a cross-complaint. Zamora’s attorney sent an offer to settle the case under California Code of Civil Procedure § 998. The offer was for $149,999 and mistakenly reflected that judgment would be against Zamora instead of in favor of Zamora. Clayborn quickly accepted the offer. Zamora then filed a motion to set aside the § 998 offer because it was based on mistake, inadvertence, and excusable neglect. Zamora had only authorized a settlement for $149,999 to be paid by Clayborn to Zamora. However, the legal assistant who typed the offer made a typo in the offer document. Zamora had not previously offered to settle for less than $150,000 paid by Clayborn and had never offered to pay Clayborn any money. However, Clayborn said that it believed the offer was correct as written. The offer was consistent with the latest invoice sent to Zamora, and Clayborn’s attorney had not previously offered to give Zamora any money to settle. The trial court determined that the offer contained a ministerial or clerical error and granted the motion to set aside the judgment. Clayborn appealed, and the California Court of Appeal affirmed. Clayborn petitioned the California Supreme Court for review.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 545,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 545,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,500 briefs, keyed to 983 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 545,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,500 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership