Word To The Wise About Civil Code §998 Offers.

Plaintiff does not accept an offer made under Civ.Code §998.  Defendant takes the deposition of plaintiff’s expert and orders an expensive expedited transcript so it can make a motion to exclude the expert from testifying at trial.  The court excludes the expert.  Result?  The appellate court held:  “We therefore hold that section 998, subdivision (c) gives the trial court the discretion to award defendant’s expert fees, regardless of whose witness the expert is, in the event that the plaintiff fails to obtain a more favorable judgment or award.”  But that’s not all plaintiff had to pay.  She also had to cough up money for defendant’s experts’ preparation time, trial testimony and travel and deposition costs for defendant’s experts who did not testify at trial.  Chaaban v. Wet Seal, Inc.  (Cal. App. Fourth Dist., Div. 3; January 31, 2012) 203 Cal.App.4th 49, [136 Cal.Rptr.3d 607].