Manthey

Colleen Manthey filed a complaint for personal injuries against San Luis Rey Downs Enterprises, Inc. (San Luis Rey) and others. Manthey also received workers’ compensation from Fairmont Insurance Company (Fairmont) since Manthey was within the course and scope of her employment with Sam Austin Birch (Birch) at the time of her injury. Prior to trial, Manthey offered to compromise her claim pursuant to Code of Civil Procedure section 998. The offer was rejected by San Luis Rey. Following trial, a jury rendered a verdict in favor of Manthey as against San Luis Rey. The trial court reduced the verdict to reflect a workers’ compensation lien filed prior to trial by Fairmont and entered judgment in that amount. The court denied Manthey’s motion to augment her costs on the grounds Manthey did not obtain a more favorable judgment within the meaning of Code of Civil Procedure section 998. The court also denied Manthey’s motion to apportion attorney fees under Labor Code section 3856. Manthey appeals, contending the trial court (1) erred when it deducted the workers’ compensation lien before entering judgment on the jury’s verdict; (2) improperly denied Man-they’s motion to augment…