Ignoring An Offer to Compromise Under § 998 May Be Costly.

After two trials and a remitter, a medical malpractice case appeared to be over when judgment was entered for $1,437,276. But the parties soon became embroiled in an issue over costs.  Two months after the complaint was served, plaintiff had served on defendant a document entitled “Acceptance of Plaintiffs’ Offer to Compromise Pursuant to [Section] 998 and Civil Code [Section] 3291.”  The document read in relevant part:  “The Clerk of the Court is hereby authorized and directed to enter Judgment against [Dr. Cooper] on the Complaint of Plaintiffs . . . in the amount of NINE HUNDRED FIFTY THOUSAND DOLLARS ($950,000.00) pursuant to Plaintiffs’ Offer to Compromise which is attached hereto. Costs to be submitted pursuant to cost bill filed by plaintiff[s] within ten (10) days after entry of said Judgment.” Plaintiffs’ lawyer filed a memorandum of costs totaling $530,315.99, of which $411,100.31 was for prejudgment interest. The trial court found the offer to compromise was made in good faith and was valid . Also finding the offer to compromise was valid, the appellate court affirmed.  Whatley-Miller v. Cooper  (Cal. App. Second Dist., Div. 8; January 15, 2013) (As Amended, Feb. 6, 2013) 212 Cal.App.4th 1103.