Wear v. Calderon

Opinion

COBEY, J.

Plaintiff, Kevin Paul Wear appeals from the portion of a judgment awarding defendant, Delphina Calderon, as costs, expert witness fees in the amount of $1,001.45 pursuant to section 998 of the Code of Civil Procedure. The sole question on appeal is whether the $1 pretrial written offer of settlement that Calderon made in order to qualify for such extra costs was reasonable and responsive to the legislative purpose of encouraging the settlement of litigation without trial. We think not and therefore we will delete from the judgment the award of costs under appeal.

Facts

Plaintiff,…