All of the Fees Could Be Deemed in Preparation for Trial.
A trial court, much to a homeowner association’s chagrin (actually the insurer defending the HOA), denied its motion to tax costs, which was predicated on the argument that all expert witness fees claimed by the other side should not be awarded as fee-shifting costs based on a successful CCP § 998 offer.
The appellate court in Ins. Co. of State of PA v. International Assn. of Plumbing, Case No. D062050 (4th Dist., Div. 1 Dec. 17, 2013) (unpublished) determined that the lower court properly did not reduce the expert witness fees and just limit them to trial/trial preparation costs. After all, under the right circumstances, all of an expert’s work can be deemed in preparation for trial–the conclusion reached by the lower court, which was no abuse of discretion.