SwiftAir

INTRODUCTION

SwiftAir, LLC appeals from the trial court’s orders granting motions by Southwest Airlines Co. and Row 44, Inc. for attorneys’ fees and costs. SwiftAir argues the court erred in ruling Southwest and Row 44 were entitled to attorneys’ fees as prevailing parties under the relevant contracts. SwiftAir also argues that, because Southwest’s offer to compromise under Code of Civil Procedure section 998 was unreasonable,1 the trial court erred in awarding Southwest $209,886.89 in fees for experts not ordered by the court. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. SwiftAir Develops a Software Platform That Southwest Decides Not To License As we described in SwiftAir, LLC v. Southwest Airlines Co. (2022) 77 Cal.App.5th 46 (SwiftAir I), in 2010 SwiftAir was developing a software platform that would allow passengers to make inflight purchases of coupons and vouchers the passengers could use at restaurants and other businesses in their destination cities. Later that year Southwest expressed an interest in evaluating the software platform for use on its flights. In August 2011 SwiftAir and Southwest entered into a contract titled “Beta Test Agreement,” with Southwest…