Elmi
Elmi v. Related Management Co., L.P.
Opinion
Opinion
Goethals, J.
DISCUSSION
Code of Civil Procedure section 998 specifically governs “costs allowed under Sections 1031 and 1032” which “shall be withheld or augmented as provided in this section.” (§ 998, subd. (a).) Those statutes govern prejudgment costs, including attorney fees, that can be recovered as part of the judgment. (See §1034, subd. (a) [“Prejudgment costs allowable under this chapter shall be claimed and contested in accordance with rules adopted by the Judicial Council”].) As explained by our Supreme Court in Conservatorship of McQueen (2014) 59 Cal.4th 602, postjudgment costs and fees are distinct from prejudgment costs and fees, and they are governed by different laws. “The statutes and rules distinctly address three different types of costs and fees: prejudgment costs, including attorney fees where authorized by contract, statute or law (§ 1033.5, subd. (a)(10)), are recovered through procedures established under section 1034, subdivision (a) and [California Rules of Court,] rules 3.1700 and 3.1702(b); appellate costs and fees are recovered under section 1034, subdivision (b) and [California Rules of Court,] rules 3.1702(c) and 8.2787; and postjudgment enforcement costs and…