California Court of Appeal

In a mesothelioma suit by a husband and wife, in which the plaintiffs rejected a defendant's CCP section 998 offer presented to both of them jointly and then lost at trial, the trial court's postjudgment order denying the plaintiffs' motion to tax expert witness costs sought by the defendant is affirmed, where: 1) the issue of whether a section 998 offer made jointly to a husband and wife is void was waived because it was not raised below; and 2) in any event, either spouse may accept a section 998 offer on behalf of the community, so the offer was valid.

Appellate Information

• Decided 04/24/2012
• Published 04/24/2012

Judges

• Klein

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• The Arkin Law Firm, Hawkins Parnell Thackston & Young