Dismissing Elder Abuse Case Costly.

Plaintiff sued under the Elder Protection Act [Welfare and Institutions Code §15600 et seq.].  Defendant hospital served an offer to compromise under CCP §998 offering “to waive costs and to refrain from pursuing a claim for malicious prosecution” if the suit were dismissed with prejudice.  The offer expired, but during jury selection, plaintiff did dismiss the action with prejudice.  The trial court awarded $78,165.98 in costs and the appellate court affirmed, stating:  “Here, the dismissal resulted in zero liability for respondent and established the prima facie reasonableness of the section 998 offer.”  Bates v. Presbyterian Intercommunity Hospital (Cal. App. Second Dist., Div. 4; March 12, 2012) (As Mod. March 22, 2012) 204 Cal.App.4th 210, [138 Cal.Rptr.3d 680].