Farag
Farag v. Arvinmeritor, Inc.
Opinion
Lead Opinion
Klein, J.
Plaintiffs and appellants Nasseem Farag (Nasseem) and Sanna Farag (Sanna) (collectively, the Farags) appeal a postjudgment order denying their motion to tax expert witness costs sought by defendant and respondent ArvinMeritor, Inc. (ArvinMeritor), pursuant to Code of Civil Procedure section 998 after trial. 1 ’
The Farags contend a section 998 offer made jointly to a husband and wife is void.
Guided by Barnett v. First National Ins. Co. of America (2010) 184 Cal.App.4th 1454 [ 110 Cal.Rptr.3d 99 ] (Barnett), we conclude a section 998 offer may be made jointly to spouses because, under California’s community property law, a cause of action for personal injury damages is community property (Fam. Code, § 780) and under Family Code section 1100, subdivision (a), either spouse has the power to accept the offer on behalf of the community. Therefore, the order is affirmed.
FACTUAL AND PROCEDURAL BACKGROUND
In 2009, Nasseem, a 58-year-old man, was diagnosed with mesothelioma, a cancer linked to asbestos exposure.
*375 Nasseem began working as a mechanic shortly after immigrating to the United States in 1981. Later, Nasseem purchased his own gas station in Ontario,…