Elton v. Anheuser-Busch Beverage Group, Inc.

Opinion

McKINSTER, J.

The prevailing plaintiffs in an action for damages to real property appeal (1) the trial court’s order taxing their costs by denying their request for attorney’s fees pursuant to Code of Civil Procedure section 1021.9 and (2) the resulting judgment which offsets the defendant’s costs against the plaintiffs’ damage award, pursuant to Code of Civil Procedure section 998, subdivision (e). We affirm in part, reverse in part, and remand for further proceedings regarding attorney’s fees and other costs.

Factual and Procedural Background

To reduce the risk of fire to its…