$35,240.80 Costs Shifting Award Affirmed On Appeal.
In Kaplan v. Del Amo Hospital, Inc., Case Nos. B296107/B297898 (2d Dist., Div. 1 Mar. 26, 2020) (unpublished), defendant did serve a “successful” CCP § 998 offer to plaintiff, given a defense verdict. The trial judge awarded costs of $35,240.80 against plaintiff, prompting an appeal on the grounds that the 998 offer was invalid.
That challenge did not prevail on appeal because the 998 offer was valid. Plaintiff argued that the 998 offer was conditioned on a release of omnibus claims, but the language of the offer showed it was limited to the claims in the above-captioned civil action, so the release request was not overbroad in nature. Second, plaintiff contended that the offer’s release of nonparties was too broad, but case law firmly established that inclusion of affiliated non-parties in the 998 offer did not render it infirm. (Ignacio v. Caracciolo, 2 Cal.App.5th 81, 84, 88-90 (2016); Fassberg Construction Co. v. Housing Authority of City of Los Angeles, 152 Cal.App.4th 720, 767 (2007).). Costs award affirmed.