Code of Civil Procedure section 998 Expert Costs For Defendant After Voluntary Dismissal Prior To Trial.

Plaintiff was injured in a fall in a supermarket. Defendant’s overtures toward settlement under Code of Civil Procedure section 998, as well as defendant’s demand for exchange of expert witnesses were ignored by plaintiff. Defendant moved in limine to preclude the use of experts by plaintiff, and plaintiff dismissed the action prior to a ruling. Defendant filed a cost bill for its expert witness costs after the voluntary dismissal without prejudice, and the trial court taxed the costs. The appellate court granted defendant’s petition for extraordinary relief, stating: “We will hold that a voluntary dismissal constitutes the conclusion of the action and is therefore an appropriate precipitating event triggering the trial court’s discretion as to the assessment of expert witness fees under section 998.” Mon Chong Loong Trading Corp. v. Sup. Ct. (Defang Cui) (Cal. App. Second Dist., Div. 3; July 23, 2013) 218 Cal.App.4th 87.