Section 998: Defendants Held Jointly And Severally Liable Did Not Beat Jury Verdict So As To Escape Costs Under Section 998

No Non-Economic Damages Were Sought In Vehicle Property Injury Case, So Appealing Defendants Did Not Fashion A Successful 998 Offer.

               Defendants were held jointly and severally liable in a vehicle property injury matter where plaintiff recovered a $204,528 jury verdict damages award as against them and others, based on damages to plaintiff’s truck and destruction of lamb products in the truck.  Defendants’ motion to tax routine costs was denied, although they appealed and argued that a $75,000 CCP § 998 offer was more favorable than the eventual verdict.

               The 4/1 DCA rejected this argument in JBS Carriers v. Mendoza, Case No. D083415 (4^th Dist., Div. 1 June 23, 2025) (unpublished).  Defendants’ argument that they were only 20% responsible for the jury verdict was belied by the joint and several nature of the award, especially given that no non-economic damages were sought (which would have been only several in nature).