Knight

James S. Knight, Laura Knight, Margaret A. Vadnais and Karen Schmitz (collectively Knight) appeal a judgment entered October 1, 1987, after a court trial, in favor of Encinitas Plaza Real (Plaza) for $5,748.90, and two postjudgment orders filed January 28, 1988, that awarded Plaza $38,793.46 in attorney’s fees and $869.10 in costs. This appeal follows the second trial of the matter after the opinion of this court in Encinitas Plaza Real v. James S. Knight et al. (D001216; 4 Civ. No. 31519), an unpublished opinion issued November 12, 1985. In this appeal, Knight contends the trial court erred by not giving effect under Code of Civil Procedure section 998 to Knight’s offer(s) of compromise. We reject this contention because we find, under the circumstances here, attorney’s fees are not costs, and therefore the cost-shifting aspects of section 998, subdivision (c), did not become operative.

Facts

In October 1978, Plaza, a partnership, leased space for 10 years in its shopping center to Knight, who vacated the space February 28, 1981. Plaza gave a three-day notice on March 26, 1981, demanding Knight to pay rent or quit the premises. The notice stated right of possession…