Shain

The present appeal is from an order striking plaintiff’s cost bill and awarding costs to defendant and respondent.

The underlying action was one in tort, tried before a jury. Prior to the commencement of trial, respondent filed an offer of compromise in the amount of $100,000 with each party “to bear its own costs.” Plaintiff (hereinafter appellant), rejected the offer, proceeded to trial and obtained a verdict in the amount of $100,000.

Thereafter, appellant submitted a cost bill in the amount of $2,807.49, and respondent filed motions to strike the cost bill and to award costs and fees to it on the ground that appellant was not entitled to costs under Code of Civil Procedure section 998, because she had failed to obtain a judgment “more favorable” than the compromise offer. These motions were accompanied by respondent’s memorandum of costs in the amount of $6,467.99.

Appellant’s attorney next filed a declaration alleging that up to the time of the compromise offer, appellant had incurred costs of $3,278.80, including $1,204.71 allowed by law and recoverable in the event of a favorable verdict.

After hearing, the court on March 29, 1978, granted respondent’s motion,…