Plaintiff lost his leg in an automobile accident. In his action against defendant, he asked defendant’s insurer for the amount of the policy limits on three separate occasions. When the insurance company did not respond to the queries, plaintiff made an offer pursuant to Code of Civil Procedure section 998, to settle in the amount of $700,000. The insurance company responded with an offer to settle for $100,000. A jury awarded plaintiff $2,339,657, and plaintiff sought an additional $1,639,451.14 for costs. When the insurance company moved to tax costs, it argued the Code of Civil Procedure section 998, offer was not made in good faith. The trial court awarded plaintiff’s costs, minus less than $6,000 which was taxed. The appellate court affirmed, concluding the trial court did not abuse its discretion. (Aguilar v. Gostischef (Farmers Insurance Exchange) (Cal. App. Second Dist., Div. 8; October 11, 2013) 220 Cal.App.4th 475, [163 Cal.Rptr.3d 187].
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