California Court of Appeal

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Marcey v. Romero, D048658

In personal injury suit where plaintiff recovered judgment against defendant, grant of defendant's motion to tax expert witness fees is affirmed where plaintiff's settlement offer under Code of Civil Procedure section 998, which included a condition that defendant pay plaintiff's experts to prepare for trial, was withdrawn by plaintiff before the expiration of the applicable period.

Appellate Information

  • Decided 03/26/2007
  • Published 03/26/2007


  • McDONALD, J.


  • California Court of Appeal


  • For Appellant:
  • Law Offices of Thomas F. Friedberg, Thomas F. Friedberg, San Diego;  Law Office of Robert L. Kenny and Robert L. Kenny, San Diego, for Plaintiff and Appellant.

  • For Appellees:
  • Farmer Case & Fedor and Nicholas J. Pagnotta for Defendant and Respondent.
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