Challenge Never Raised Below And Doctor Took A Contrary Stance Below.
In McCarley v. Anesthesia Service Medical Group, Case No. D074353 (4th Dist., Div. 1 Apr. 20, 2021) (unpublished), plaintiff won a substantial medical malpractice verdict against a doctor, who rejected a CCP § 998 offer which was beaten by plaintiff after trial and resulted in adding over $2.5 million in prejudgment interest more. On appeal, doctor challenged the 998 offer as being invalid. The 4/1 DCA found that this challenge had been forfeited for two reasons: (1) it had not been made in the trial court, and (2) doctor himself took a much different stance to the contrary at the trial court level, such that it would be unfair to entertain the new challenge now.