Thompson

Plaintiffs, who were minority shareholders in a closely held corporation, sued the majority shareholder and another shareholder. They alleged that defendants, in convincing plaintiffs to sell their shares, committed a breach of fiduciary duty, fraud, and elder abuse. A jury, however, rejected their claims and returned verdicts in favor of defendants. Thereafter, the trial court denied defendants’ claim for expert witness fees pursuant to Code of Civil Procedure section 998, which defendants requested because they made a pretrial offer of settlement more favorable to plaintiffs than was the eventual judgment. The trial court also denied the motion of one of defendants (the majority shareholder) for attorney fees, entitlement to which he claimed under the agreements executed by plaintiffs when they sold their shares. Plaintiffs appeal, contending the evidence does not support the judgment in defendants’ favor. Defendants also appeal. They assert they are entitled to expert witness fees, and the majority shareholder contends the trial court erred by denying his motion for attorney fees.

In the unpublished portion of our opinion, we conclude plaintiffs waived their…