Settlement, 998 Offer, Sanction for Refusing Applies to Prejudgment Costs and Fees Only, 1, 2
Plaintiff recovered judgment against defendant but for less than defendant’s 998 offer which plaintiff had refused. Consequently, under CCP 998, the plaintiff could recover only pre-offer costs and fees. However, the CCP 998 sanction applies only to pre-judgment costs and fees. Here, plaintiff incurred additional fees and costs in enforcing the judgment. It could recover those costs and fees despite having rejected the more favorable 998 offer.