Posttrial Award Of Expert Fees Under Civ.Proc. § 998.

Prior to trial, and pursuant to Code of Civil Procedure section 998, plaintiff offered to allow judgment to be entered in its favor and against defendant for $665,818. Defendant did not respond to the offer and plaintiff recovered $945,947 at trial. Defendant argued on appeal that the award of expert witness fees by the trial court was invalid for two reasons: (1) the offer was in bad faith because it was silent as to attorney fees; and (2) the offer was ambiguous because it left open the resolution of the cross-complaint. In affirming, and with regard to defendant’s first argument, the Court of Appeal noted plaintiff offered to resolve the matter for less than it received at trial and that this constitutes prima facie evidence the offer was reasonable. With regard to the second argument, the appellate court noted the lack of ambiguity in the Code of Civil Procedure section 998 offer which specifically stated that defendant also agreed “to dismiss with prejudice all causes of action against [plaintiff] in his cross-complaint.” (Calvo Fisher & Jacob LLP v. Lujan (Cal. App. First Dist., Div. 2; February 19, 2015) 234 Cal.App.4th 608, [184 Cal.Rptr.3d 225].)