Costs, Section 998: Ouf-Of-State Deposition and Expert Witness Costs Were Justified

Section 998 Offer Was Proper, So Expert Witness Expenses Properly Awarded.

            In Tayefeh v. Kern Medical Center, Case No. F085746 (5^th Dist. Jan. 29, 2024) (unpublished), the lower court and appellate courts affirmed certain costs for prevailing defendants for certain out-of-state deposition expenses and expert witness costs.  Those determinations were affirmed on appeal.  Because the out-of-state deposition needed to be taken to preserve testimony, there was no abuse of discretion in allowing these costs.  With respect to the expert witness fees, the appellate court had to assess the propriety of a CCP § 998 offer, but concluded it was made in good faith based on the information known to all parties, such that the expert witness preparation costs were not unreasonable.