Didn’t Hurt That Plaintiff’s Expert Opined Defense Might Be Entitled To $172,951 In Expert Fees If The Trial Court So Ordered.
Just to show you how Code of Civil Procedure section 998 can have a dramatic impact on cost-shifting in an expert-laden civil case, we now post on Nations Title Co. of California, Inc. v. Security Union Title Ins. Co., Case No. B279747 (2d Dist., Div. 3 Apr. 24, 2018) (unpublished).
In this case, the appellate court had earlier remanded to calculate expert fees due to the defense based on a successful 998 offer. Plaintiff’s own expert conceded, if the court was to order cost-shifting, that $172,951 might be awarded as expert fees to the defense. The trial court actually awarded $244,376.75, with the appellate court concluding the award was no abuse of discretion.