Jones

Appellants Patricia A. Jones and Steven Jones [1] appeal the trial court's award of $5,440 in expert witness fees under Code of Civil Procedure section 998 as a discretionary item of costs. Appellants contend the trial court abused its discretion in awarding these costs and that respondent failed to present "competent and admissible" evidence to support the expert fees claimed. We affirm.

After Patricia underwent a bunionectomy at Sutter Lakeside Hospital (Sutter), she noticed bruising on her upper legs and inner thighs, as well as an unusual stain on her underwear. Patricia and Steven thereafter filed a complaint against Sutter and respondent Anek Dumrichob, M.D. (Dumrichob), her attending anesthesiologist, alleging negligence, battery, sexual battery, and loss of consortium.

On June 4, 1996, respondent served appellants an offer to compromise pursuant to Code of Civil Procedure [2] section 998 which stated that "[respondent] Anek Dumrichob, M.D. hereby offers to allow judgment to be taken against him for a waiver of costs." Appellants rejected the offer. Sutter and respondent thereafter filed motions for summary judgment. The court granted only Sutter's…