Joint Offer Pursuant To Section 998 Offer To Compromise Not Invalid.

The trial court awarded expert witness fees under Code of Civil Procedure section 998, Offer To Compromise, to the prevailing defendant in a wrongful death lawsuit. The plaintiffs argued on appeal the offer was invalid because it was a single offer made to two plaintiffs. The appellate court affirmed the award of costs, stating:  “In a wrongful death action, a single joint cause of action is given to all heirs and the judgment must be for a single lump sum. A unitary verdict can easily be compared to a joint offer to determine whether the offering party has achieved a more favorable judgment. Thus, there is little, if any, justification for invalidating a joint Offer To Compromise made in a wrongful death case.” McDaniel v. Asuncion (Cal. App. Fifth Dist.; March 27, 2013) 214 Cal.App.4th 1201.