Lee v. Silveira

Opinion

FRANSON, J.

In this appeal, a personal injury plaintiff contends the trial court erred in denying her request for expert witness fees and prejudgment interest under Civil Code section 3291. Plaintiff argues she was entitled to such fees and interest, which totaled over $350,000, because defendants “fail[ed] to obtain a more favorable judgment” (Code Civ. Proc., § 998) 1 than the $1 million offer to compromise she made under section 998.

Plaintiff contends the proper comparison is between her offer and an intermediate judgment based on a jury verdict that included an award for past…