Marcey v. Romero

Opinion

McDONALD, J.

Plaintiff Felicia Marcey recovered a judgment against defendant Brenda Romero and, as part of her cost bill, sought expert witness fees under Code of Civil Procedure section 998, subdivision (d). The court granted Romero’s motion to tax the expert witness fees, and Marcey appeals that order.

I

FACTUAL AND PROCEDURAL BACKGROUND

Marcey filed a personal injury action against Romero. Marcey made a series of section 998 offers to Romero, with each offer becoming progressively lower. On January 19, 2006, approximately one month before the trial call, Marcey made her final section…