Arias

Introduction

We affirm the trial court’s postjudgment orders awarding attorney fees and costs to plaintiff Marina Arias, the prevailing party. Arias is entitled to attorney fees by contract and statute. She is also entitled to costs by virtue of Code of Civil Procedure section 998. (All further statutory references are to the Code of Civil Procedure unless otherwise specified.) We agree with the Court of Appeal in Mesa Forest Products, Inc. v. St. Paul Mercury Ins. Co. (1999) 73 Cal.App.4th 324, 335 [ 86 Cal.Rptr.2d 398 ], that voluntary payments made by the defendant after a section 998 offer expires are considered part of the plaintiff’s judgment.

Statement of Facts

Marina Arias owns a condominium unit in a complex known as the Katella Townhouse Project. The Katella Townhouse Homeowners Association, Inc. (the Association), manages, operates, controls, and has the duty to repair the common areas of the Katella Townhouse Project.

In her complaint, Arias alleged the Association failed to maintain and repair the common areas of the Katella Townhouse Project, causing toxic mold to develop in and around Arias’s unit. Arias therefore sued the Association for negligence,…