McDaniel

Appellants, Amy Jo McDaniel and Melissa McDaniel, challenge the trial court’s award of expert witness fees under Code of Civil Procedure 1 section 998 to respondent, Loyd Richard Asuncion, following the entry of a defense verdict on appellants’ wrongful death lawsuit. Appellants argue that respondent’s section 998 offer was invalid because it was a single offer made to two plaintiffs.

Although joint offers may be invalid, such was not the case here. In a wrongful death action, a single joint cause of action is given to all heirs and the judgment must be for a single lump sum. A unitary verdict can easily be compared to a joint offer to determine whether the offering party has achieved a more favorable judgment. Thus, there is little, if any, justification for invalidating a joint offer made in a wrongful death case. (Johnson v. Pratt & Whitney Canada, Inc. (1994) 28 Cal.App.4th 613, 630 [ 34 Cal.Rptr.2d 26 ] (Johnson).)

Here, it can clearly be determined that respondent received a more favorable judgment. Accordingly, the award of expert witness fees will be affirmed.

BACKGROUND

Steven Carl McDaniel was killed in a multiple vehicle accident leaving behind appellants,…