California Court of Appeal

In suit alleging deceased husband's asbestosis and lung cancer were asbestos-related, judgment for defendant is affirmed over claims of plaintiff-wife that the court erred in awarding expert witness fees to defendant under Code of Civil Procedure section 998 on the grounds that: 1) defendant's section 998 offer was invalid because plaintiff's prosecution of claims in multiple legal capacities made her "multiple plaintiffs" for purposes of determining the validity of a settlement offer under section 998; and 2) the court did not consider the parties' relative economic resources in deciding whether the cost award was reasonable.

Appellate Information

• Decided 08/23/2007
• Published 08/23/2007

Judges

• NEEDHAM, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Brayton Purcell,Alan R. Brayton, Gilbert L. Purcell, Lloyd F. LeRoy, Mary E. Pougiales, Novato, for Plaintiff and Appellant.


• For Appellees:
  
• Hassard Bonnington, Philip S. Ward, Barry N. Endick, San Francisco, for Defendant and Respondent.