Aguilar v. Lucky Cab Co.

Summary

The Nevada Supreme Court held that an offer of judgment expressly excluding costs, expenses, prejudgment interest, and attorney fees requires the offeror to pay both the stated principal amount and any separately recoverable allowances before obtaining dismissal under NRCP 68(d)(2). Because Lucky Cab tendered only the principal amount, the district court improperly dismissed the complaint and denied Aguilar's request for costs and interest. The court reversed, vacated, and remanded for determination of the recoverable pre-offer costs and interest.