Hartline

Plaintiff Dean Hartline (Hartline) sued Ann Collins (Coffins) and her employer Kaiser Permanente for personal injuries following a car accident. After the trial court granted the motion of Kaiser Foundation Hospitals (sued as Kaiser Permanente, hereafter Kaiser) for sumary adjudication of Hartline’s vicarious liability cause of action, Hartline dismissed his remaining premises liability cause of action against Kaiser and judgment was entered in Kaiser’s favor. Kaiser filed a memorandum of costs including a request for expert witness fees based on plaintiff’s failure to accept its offer made pursuant to Code of Civil Procedure section 998. Hartline filed a notice of appeal from the judgment and then a motion to tax Kaiser’s costs for medical records and expert witness fees, claiming as to the expert witness fees Kaiser’s section 998 offer was not made in good faith. The trial court denied Hartline’s objection that the section 998 offer was not made in good faith and granted Kaiser its postoffer expert witness fees of $1,600. Hartline filed a second notice of appeal from the award of costs.

On appeal Hartline contends the trial court erred in (1) granting Kaiser’s motion…