Peterson

I respectfully dissent.

The majority concludes that the single Code of Civil Procedure section 998 1 offer made by respondent John Crane, Inc. (John Crane), to “GLORIA PETERSON, Individually, and as Successor-in-interest to JOHN PETERSON, Decedent, and GLORIA PETERSON, as Legal Heir of JOHN PETERSON, Deceased, Plaintiffs” was valid because it was made to but a single “party” to the litigation. I disagree. In my view, the offer was made to two *516 parties because Gloria Peterson (Peterson) was asserting two different legal claims: (1) those she held individually for wrongful death and the associated loss of consortium, and (2) the survivor claims she was asserting as the successor in interest to her deceased husband John. I find no basis in the statute or case law to adopt a rule that a single human being who pleads multiple claims in different legal capacities must be deemed a single “party” for purposes of section 998.

To begin, I agree with the majority’s statement of the controlling law. As a general rule, a section 998 offer that is made to multiple parties is valid only if it is expressly apportioned among them and not conditioned on acceptance by all of them. (Burch v.…

Gloria Peterson, individually, and as successor in interest to her deceased husband, and as his legal heir, appeals from an adverse *501 judgment entered after a jury trial. She contends that the court erred in awarding expert witness fees to the respondent under Code of Civil Procedure section 998, 1 on the grounds that (1) respondent’s section 998 offer was invalid because Peterson’s prosecution of claims in multiple legal capacities made her “multiple plaintiffs” for purposes of determining the validity of a settlement offer under section 998; and (2) the court did not consider the parties’ relative economic resources in deciding whether the cost award was reasonable. We will affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

Gloria Peterson and her husband, John, filed a lawsuit in April 1999 alleging that John’s asbestosis and lung cancer were asbestos related. 2 They sued a number of manufacturers, suppliers, and users of asbestos products for his injuries, under legal theories including negligence, intentional tort, strict liability, and products liability, alleging that the defendants’ activities and products exposed John to asbestos. They also sued for…

Gloria Peterson, individually, and as successor-in-interest to her deceased husband, and as his legal heir, appeals from an adverse judgment entered after a jury trial. She contends that the court erred in awarding expert witness fees to the respondent under Code of Civil Procedure section 998, [1] on the grounds that: (1) respondent's section 998 offer was invalid because Peterson's prosecution of claims in multiple legal capacities made her "multiple plaintiffs" for purposes of determining the validity of a settlement offer under section 998; and (2) the court did not consider the parties' relative economic resources in deciding whether the cost award was reasonable. We will affirm the judgment.

Gloria Peterson and her husband, John, filed a lawsuit in April 1999 alleging that John's asbestosis and lung cancer were asbestos-related. [2] They sued a number of manufacturers, suppliers, and users of asbestos products for his injuries, under legal theories including negligence, intentional tort, strict liability, and products liability, alleging that the defendants' activities and products exposed John to asbestos. They also sued for Gloria's loss of consortium. A…