Wasito

DISCUSSION

The Kazalis contend the trial court erred when it determined the section 998 offer violated Labor Code sections 206 and 206.5. We disagree. Pursuant to section 998, a party may make an offer to resolve a dispute no less than 10 days before trial commences. (§ 998, subd. (b).) “If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff shall not recover his or her postoffer costs and shall pay the defendant’s costs from the time of the offer.” (Id. at subd. (c).) The cost-shifting provision of section 998 will not apply if the offer is invalid. (See McKenzie v. Ford Motor Co. (2015) 238 Cal.App.4th 695, 706 [section 998 offer conditioned upon release of all known and unknown claims and release of claims that had not yet accrued was invalid].) Where, as here, the parties dispute the validity of a section 998 offer and the relevant facts are undisputed, the issue is a legal question that we review de novo. (Barella v. Exchange Bank (2000) 84 Cal.App.4th 793, 797.) Respondents contend the section 998 offer violated sections 206 and 206.5 of the Labor Code. They are correct. Labor Code section 206…