Judgment Enforcement, Section 998: 998 Rejecting Plaintiff’s Post-judgment Fee Request To Obtain Defense 998 Cost And Fees Was Righteous And Should Have Been Allowed

Section 998 Governed Prejudgment Issues, But 998 Offer Costs And Fees Enforcement Activities Were Governed By Post-judgment Enforcement Statutes.

               In Elmi v. Related Management Co., L.P., Case No. G062788 (4^th Dist., Div. 3 Jan. 8, 2025) (unpublished), plaintiff rejected a defense CCP § 998 offer, with the case resolved for less than the amount offered by the defense—a determination affirmed in an earlier appeal limiting plaintiff’s costs and fees.  Plaintiff then filed a second motion seeking $10,861 in additional fees and $212.91 in additional costs incurred in enforcing the judgment.  The lower court denied the additional requests based on section 998.

               The 4/3 DCA, in an opinion authored by Justice Goethals, reversed.  A separate post-judgment collection statute, CCP § 685.040, applied such that more general costs statutory provisions (CCP §§ 1031, 1032) were inapt (see also Conservatorship of McQueen, 59 Cal.4^th 602, 608 (2014)).