Modification: Glassman v. Safeco Insurance Company of America

SHERRY A. GLASSMAN,

Plaintiff and Appellant,

v.

SAFECO INSURANCE COMPANY OF AMERICA,

Defendant and Respondent.

No. H049825

(Santa Clara County Super. Ct. No. 21CV383782)

California Court of Appeal

Sixth Appellate District

Filed May 17, 2023

ORDER MODIFYING OPINION

NO CHANGE IN JUDGMENT

BY THE COURT:

It is ordered that the opinion filed herein on April 28, 2023, be modified as follows:

1. On page 2, line 8, the word "Company" is to be inserted between the words "Insurance" and "of" so the sentence reads:

In this case, appellant Sherry A. Glassman prevailed in a UIM arbitration against respondent Safeco Insurance Company of America.

2. On page 3, the first two sentences of the first full paragraph are deleted and replaced with the following two sentences:

After Glassman petitioned the trial court to confirm the arbitration award, she also sought prejudgment interest under section 3287, subdivision (a) (section 3287(a)) from the date of her CCP section 998 offer. This subdivision provides a right to prejudgment interest when a person "is entitled to recover damages certain, or capable of being made certain by calculation" (§ 3287(a)), and the right to recover is vested in the person on a particular day."

There is no change in judgment.

WILLIAMS, J.^*

GROVER, ACTING P.J.

LIE, J.

* Judge of the Santa Clara County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.