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California Court of Appeal


McDaniel v. Asuncion, F064240

Award of expert fees to defendant following defense verdict in wrongful death suit is affirmed, where: 1) in a wrongful death action, a single joint cause of action is given to all heirs and the judgment must be for a single lump sum; 2) defendant's Code of Civil Procedure section 998 joint offer to settle made to both plaintiffs is therefore valid; and 3) because plaintiffs failed to obtain an award that was more favorable than defendant's section 998 offer, the award of expert fees was proper.

Appellate Information

  • Decided 03/27/2013
  • Published 03/27/2013

Judges

  • LEVY

Court

  • California Court of Appeal

Counsel

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