Carig

STATEMENT OF THE CASE

On October 26, 2023, Logan filed a Memorandum of Costs, seeking $42,024.92, including $21,084 for expert fees. The Carigs objected to the expert fees and other costs, filing a Motion to Strike or Tax Costs. As to the expert fees, Carigs argued some of the fees were incurred before the time of Logan’s section 998 offer. In response, Logan noted he served a section 998 offer in the amount of “waiver of costs” on May 2, 2022. He asserted all of the expert fees were incurred after May 2022. He also noted the jury returned a verdict in his favor, finding him not negligent for the traffic accident. In reply, the Carigs noted Logan had made two section 998 offers, the first on May 2, 2022, and the second on May 30, 2023. They argued the first section 998 offer was not valid because the offer of “waiver of costs” was “neither reasonable nor made in good faith.”

1 All further statutory references are to the Code of Civil Procedure, unless stated otherwise.

2 In a sur-reply, Logan argued the first section 998 offer was reasonable and made in good faith “in light of the traffic collision report placing Plaintiff [Revelyn B. Carig] at fault for the accident which the…