Burden of Proof Is On Plaintiff to Prove Unreasonableness of 998 Offer.
In Leve v. Patient Safety Technologies Inc., Case No. B220274 et al. (2d Dist., Div. 5 June 15, 2011) (unpublished), a lower court granted a plaintiff’s motion to tax requested expert witness fees by the defense, ruling the defense did not carry its initial burden to establish the reasonableness of its rejected 998 offer.
Reversed. The lower court got the burden of proof mixed up, because the burden is on plaintiff to show that the 998 offer was unreasonable in nature. (Essex Ins. Co. v. Heck, 186 Cal.App.4th 1513, 1528 (2010).)