Crib Retaining Walls, Inc. v. NBS/Lowry, Inc.
Opinion
Opinion
McDONALD, J.
Facts and Procedural History
Plaintiffs filed a construction defect lawsuit naming respondent Crib Retaining Walls, Inc. (Crib), among others, as a defendant. Crib cross-complained against appellant NBS/Lowry, Inc. (NBS) seeking equitable indemnity and contribution. The plaintiffs then filed an amended complaint naming NBS as an additional defendant.
Discovery proceedings demonstrated that the claims of plaintiffs and Crib against NBS were meritless. Accordingly, NBS made a Code of Civil Procedure section 998 offer to plaintiffs and Crib to compromise their claims. The offer proposed that NBS would waive its right to costs in exchange for a dismissal of all actions and cross-actions against it. Plaintiffs accepted the offer to compromise but Crib did not. NBS then sought and obtained under section 877.6 an order approving the NBS settlement with the plaintiffs as a “good faith settlement.” NBS also obtained an order dismissing Crib’s cross-complaint against NBS.
NBS filed its cost bill against Crib for $9,233.89. Crib moved to tax costs, arguing (1) the cost bill was premature because no judgment had been entered dismissing Crib’s cross-complaint, and (2) a court has…