Attorney Fees Are Included In “Costs” In Section 998 Settlement Offer.

After accepting a settlement offer under California Code of Civil Procedure section 998, in a specified amount and providing “that each side bear their own costs,” plaintiff moved for statutory attorney fees. Defendant opposed contending that the term “costs” included statutory attorney fees. The trial court agreed with defendant and denied the motion. The Court of Appeal affirmed. Under section 1033.5, the term “costs” includes statutory attorney fees. Martinez v. Los Angeles County Metropolitan Transportation Authority (Cal. App. Second Dist., Div. 1; May 23, 2011) 195 Cal.App.4th 1038, [124 Cal.Rptr.3d 802, 2011 DJDAR 7417].