Waiver Of Costs/Malicious Prosecution Claims Was A Valid Offer Given Offer Was Two Years Into The Litigation.
In Dell v. Parmar, Case No. E073851 (4th Dist., Div. 2 Oct. 5, 2021) (unpublished), a plaintiff in a medical malpractice case lost a jury verdict after rejecting a defense section 998 motion to waive costs and forego malicious prosecution claims. Because the offer was made more than 2 years into the litigation, the trial judge awarded about $178,000 in costs (mainly expert witness fees) to two doctors, separately, and against plaintiff. The appellate court affirmed. Given that the offer was made when both sides had a lot of information, the 998 offer was not unreasonable.