Hilliger
Hilliger v. Golden
Opinion
Opinion
Rimerman, J.
Plaintiff appeals from an order taxing costs. The order did not allow costs for experts who testified on her behalf at trial.
Facts
Francene Golden, while driving her mother’s car had an accident with the plaintiff. Plaintiff sued Francene Golden, the driver, and Marilyn Golden, the owner of the car.
On April 26, 1977, plaintiff served on Francene Golden, an offer to compromise in the sum of $14,999.99 pursuant to section 998 of the Code of Civil Procedure. This offer was not acted upon by defendant.
On July 3, 1978, plaintiff served on Marilyn Golden, an offer to compromise in the sum of $9,999.99 pursuant to section 998 of the Code of Civil Procedure. This offer to compromise was not acted upon.
The case was set for trial for July 12, 1978, and trailed to July 20, 1978, at which time the case resulted in a mistrial.
The case was reset for trial and tried commencing August 7, 1978. A judgment in favor of the plaintiff was entered on August 15, 1978, in the sum of $15,000. A cost bill was filed August 24, 1978, showing a total cost of $2,590.85. Defendant filed a motion to strike certain costs relying on Code of Civil Procedure section 998, subdivision (d). The…