Warren

INTRODUCTION

Martin Warren and Bessie Warren sued their adult sons, Scott Warren and Bruce Warren, over some family financial disagreements. Scott1 then cross-complained and included his sister, Lauri Shahar, as a cross-defendant. After a trial, Scott prevailed. The trial court entered a single judgment, which stated that Martin and Bessie take nothing on their complaint, and Scott could recover his costs against them; it also stated that Lauri was liable to Scott for $600,000 on the cross-complaint, and Scott could recover his costs against her. Scott then filed a single memorandum of costs that included all of his costs incurred—both in defending the complaint and in prosecuting the cross-complaint. Lauri, mistaking the memorandum of costs as pertaining only to Scott’s litigation against Martin and Bessie, did not move to strike or tax costs. Lauri paid the $600,000 judgment against her. Scott then attempted to recover his full amount of costs from Lauri: $175,195.47. This amount included $107,476.25 in expert witness fees under Code of Civil Procedure 998,2 based on a section 998 offer to compromise that Scott served only on Martin and Bessie. Lauri moved under section 473,…