Hutchins

The parties have presented an “Agreed Statement on Appeal” which, as we find relevant, recites the following:

Although the agreed statement is silent on the subject, the parties’ briefs concede that neither of the plaintiffs at any time accepted, or offered to accept, defendant Waters’ offer.

Code of Civil Procedure section 998 provides, in part, as follows: “(b) . . . any party may serve an offer in writing upon any other party to the action to allow judgment to be taken in accordance with the terms and conditions stated at that time. If such offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter judgment accordingly. ...(c) If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment, the plaintiff shall not recover his costs and shall pay the defendant’s costs from the time of the offer. In addition, in any action or proceeding other than an eminent domain action, the court, in its discretion, may require the plaintiff to pay the defendant’s costs from the date of filing of the complaint and a reasonable sum to cover costs of the services of expert witnesses, who are…