Montoya

DISCUSSION

I Pursuant to section 998, “[n]ot less than 10 days prior to commencement of trial . . . , any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time.” (§ 998, subd. (b).) If the offer is not accepted in a timely manner, it is deemed withdrawn. (Id. at subd. (b)(2).) “[T]he failure to accept a section 998 offer can have consequences.” (McDaniel v. Asuncion (2013) 214 Cal.App.4th 1201, 1205.) If a section 998 offer made by plaintiff is not accepted and the defendant does not obtain a more favorable judgment at trial, defendant may be required to “pay a reasonable sum to cover postoffer costs of the services of expert witnesses . . . .” (§ 998, subd. (d).) The plaintiff also may seek prejudgment interest “at the legal rate of 10 percent per annum calculated from the date of the plaintiff’s first offer pursuant to Section 998 of the Code of Civil Procedure which is exceeded by the judgment, and interest shall accrue until the satisfaction of judgment.” (Civ. Code, § 3291.) Where the facts are undisputed, we review de novo a trial court’s…