Wear

Plaintiff, Kevin Paul Wear appeals from the portion of a judgment awarding defendant, Delphina Calderon, as costs, expert witness fees in the amount of $1,001.45 pursuant to section 998 of the Code of Civil Procedure. The sole question on appeal is whether the $1 pretrial written offer of settlement that Calderon made in order to qualify for such extra costs was reasonable and responsive to the legislative purpose of encouraging the settlement of litigation without trial. We think not and therefore we will delete from the judgment the award of costs under appeal.

Facts

Plaintiff, Kevin Paul Wear, a passenger, filed a complaint for damages for personal injuries sustained in an automobile collision against the owners and operators of the two automobiles involved, including Delphina Calderon. She denied liability and on October 5, 1979, served plaintiff with an “Offer to Compromise Under C.C.P. Section 998” for the sum of $1. The compromise was apparently rejected. The subsequent jury trial resulted in a verdict in favor of plaintiff against the owners and operators of the automobile in which plaintiff was riding. The jury’s verdict was in favor of Calderon, the owner and…