Plaintiff Did Not Move To Tax Costs, Such That The Offset Was Proper.
In Maximo v. Threatt, Case No. B301735 (2d Dist., Div. 7 Jan. 19, 2022) (unpublished), plaintiff won $22,260 in an automobile personal injury case, but it did not exceed the defense CCP § 998 offer. The trial court entered judgment for the defense after offsetting $52,843.06 in section 998 cost-shifting items. Plaintiff appealed, claiming the offset was wrong. The appellate court affirmed. The problem was that plaintiff never challenged the offset through filing a motion to tax costs, given that a trial court can enter judgment based on an unchallenged costs bill which is not timely challenged.