Parker

The superior court confirmed an arbitration award and entered judgment for plaintiff Richard Parker, including costs based on his Code of Civil Procedure section 998 offer. This was a true arbitration, however; and Code of Civil Procedure section 998 has no application. Moreover, pursuant to the parties’ agreement, defendants are entitled to a release and dismissal. Accordingly, we reverse.

I

This negligence action was ordered to judicial arbitration, and Parker was awarded approximately $50,000 against defendant John Babcock. Defendant Angel’s Gate Cultural Center prevailed on both the complaint and Babcock’s cross-complaint. Parker was dissatisfied with the award and timely requested a trial de novo. The same day he served the two defendants with a single statutory offer to compromise the litigation, “jointly and severally, in the amount of $75,000, each party to bear his own costs.” The statutory offer lapsed. (Code Civ. Proc., § 998, subd. (b)(2).)

One year later, on the scheduled trial date, the parties stipulated to binding arbitration. The litigants agreed to share equally in “[t]he cost of the arbitration” and plaintiff could not be awarded more than $100,000…