Evers

In this action for damages for personal injuries arising out of an automobile accident, plaintiff Virginia Evers in June 1982 served an offer pursuant to Code of Civil Procedure section 998 to settle for $199,000. Defendant served an offer to settle for $100,001. Neither offer was accepted. At trial by jury, plaintiff was awarded $300,000. Plaintiff filed a cost bill totaling $26,924.89, of which $1,529.76 were normal costs under section 1032, and $25,395.13 were costs claimed pursuant to section 998. Defendant filed a motion to tax costs. Following a hearing and the filing of supplemental declarations and memoranda by counsel, the trial court awarded plaintiff costs totaling $27,814.24.

In this appeal defendant challenges costs awarded pursuant to section 998.

I

III

Did the trial court abuse its discretion in allowing all of plaintiff’s costs?

Yes.

Defendant complains that certain items of costs awarded by the trial court were exorbitant and, therefore, unreasonable and the only evidence presented to support these costs was the hearsay declarations of plaintiff’s counsel. On the issue of whether the costs were exorbitant and unreasonable, the courts have…