Brown

On this appeal from an order determining costs we are called upon to decide whether Code of Civil Procedure section 998 applies to an offer to compromise made jointly by two defendants to one plaintiff, and if so, whether plaintiff may recover her preoffer costs. We answer both questions in the affirmative.

Plaintiff Jean N. Brown and another, whose case was settled pretrial, filed a complaint against defendants Vivienne Orgel and Patrick Joseph Nolan for personal injuries arising out of an automobile accident. Plaintiff’s suit was on a theory of joint and several liability for damages resulting from defendants’ negligent operation of their vehicles. On May 20, 1977, defendants filed an “Offer To Compromise [under] CCP Section 998,” offering to allow judgment to be “taken against them” in favor of plaintiff for the sum of $12,500, said sum to include costs. On May 24, plaintiff filed an “Offer To Compromise [under] CCP § 998,” offering to allow judgment to be filed in her favor “against defendants” in the sum of $19,999, including costs. Neither offer was accepted.

A jury found that both defendants had been negligent but that only defendant Nolan’s negligence was a…