Supreme Court of California

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Martinez v. Brownco Construction Co., Inc., S200944

In the context of Section 998 of the Code of Civil Procedure, a cost recovery provision that was enacted to encourage the settlement of lawsuits prior to trial, when a plaintiff makes two successive statutory offers, and the defendant fails to obtain a judgment more favorable than either offer, allowing recovery of expert fees incurred from the date of the first offer is consistent with section 998's language and best promotes the statutory purpose to encourage settlements.

Appellate Information

  • Decided 06/10/2013
  • Published 06/10/2013

Judges

  • Baxter

Court

  • Supreme Court of California

Counsel