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