Section 998: Plaintiff’s Rejection Of $25,000 CCP § 998 Offer Was Unwarranted

Costs Award Of $484,834.16 Affirmed On Appeal, Mainly Expert Witness Fees.

               CCP § 998 can be a game changer, as Oshodin v. Fire Ins. Exchange, Case No. B319043 (2d Dist., Div. 1 Feb. 29, 2024) (unpublished) demonstrates.  What happened here was that plaintiff rejected a 998 offer for $25,000, although they had a $1 million conceded offset and made large damage claims not ultimately successful.  The rejection of this 998 defense offer justified a $484,834.16 costs award, including expert expenses incurred during an Evidence Code section 402 hearing.