Elite Show Services, Inc. v. Staffpro, Inc.

The question presented in this case is whether the inclusion of an agreement to pay reasonable attorney fees in a pretrial settlement offer renders the offer too uncertain to be enforced pursuant to Code of Civil Procedure section 998. (All further statutory references are to the Code of Civil Procedure.) We conclude that it does not and affirm the order of the trial court awarding certain expert witness fees and costs under that statute in favor of the offeror.

FACTUAL AND PROCEDURAL BACKGROUND

Elite Show Services, Inc. (Elite) and Staffpro, Inc. are both event-staffing companies that provide licensed security guards and other staff for public and private events in San Diego. In May 2001, Elite brought this action against Staffpro, Inc., and Cory Meredith (collectively Staffpro) for unfair competition, unfair business practices and intentional interference with prospective economic advantage, alleging that Staffpro engaged in various wrongful acts (including the use of unlicensed personnel as guards, the use of compensation arrangements designed to avoid payroll taxes, and the failure to provide workers’ compensation and disability insurance for employees who Staffpro…