We Learn Something Everyday.
The great thing about this blog is that we learn something everyday.
One of our readers called in and, in the process of discussing an issue, he informed us that his research revealed that CCP § 998 offers are not operative in family law proceedings.
In re Marriage of Green, 213 Cal.App.3d 14, 24 (1989) seems to support reader’s understanding of the law. It held that, given other sections of the family law allowing the court even broader discretion to award costs, section 998 did not apply to shift expert witness fees. Green has been cited affirmatively in the later case of Murillo v. Fleetwood Enterprises, Inc., 17 Cal.4th 985, 100-1001 (1998), so we assume it is good law.
Anyone out there have any other experiences with section 998 in the family law context?