Mon Chong Loong Trading Corp. v. Superior Court

Defendant and appellant, Mon Chong Loong Trading Corp. (defendant), has appealed the trial court’s order taxing defendant’s claim for expert witness fees included in its cost bill. Defendant filed its cost bill in this matter following the voluntary dismissal, without prejudice, of the complaint of plaintiff and respondent, Defang Cui (plaintiff).

This case presents the question of whether an order to pay expert witness fees under the cost-shifting provisions of the Code of Civil Procedure section 998, is appropriate in the circumstances of this case. We will hold that a voluntary dismissal constitutes the conclusion of the action and is therefore an appropriate precipitating event triggering the trial court’s discretion as to the assessment of expert witness fees under section 998.

FACTUAL AND PROCEDURAL BACKGROUND

After a fall that allegedly resulted in a back injury at defendant’s supermarket on August 16, 2010, plaintiff filed this action on January 13, 2011. Plaintiff’s form complaint alleged causes of action based on negligence and premises liability. Defendant filed an answer on April 6, 2011.

On December 7, 2011, defendant served a demand for exchange of…