Marcey

Plaintiff Felicia Marcey recovered a judgment against defendant Brenda Romero and, as part of her cost bill, sought expert witness fees under Code of Civil Procedure section 998, subdivision (d). The court granted Romero’s motion to tax the expert witness fees, and Marcey appeals that order.

I

FACTUAL AND PROCEDURAL BACKGROUND

Marcey filed a personal injury action against Romero. Marcey made a series of section 998 offers to Romero, with each offer becoming progressively lower. On January 19, 2006, approximately one month before the trial call, Marcey made her final section 998 offer, which offered to accept a judgment of $3,999.99. However, Marcey’s counsel orally informed Romero’s counsel this offer was premised on Marcey’s avoiding (1) the costs associated with deposing Romero’s experts and (2) paying Marcey’s experts to prepare for and appear at trial. Romero responded she was not interested in paying that amount without knowing the testimony of . Marcey’s expert. Marcey then deposed Romero’s experts and prepared for trial.

On February 17, 2005, Romero’s counsel telephoned Marcey’s counsel and attempted orally to accept the January 19th offer. Marcey’s counsel…