Lee v. Silveira
Annotate this CasePlaintiff appealed the trial court's denial of her request for expert witness fees and prejudgment interest under Civil Code section 3291. For purposes of determining whether a defendant failed to obtain a more favorable judgment under Code Civ. Proc. 998, the court concluded that any negotiated rate differential included in a jury’s verdict should be subtracted from the judgment or award before it is compared to the offer to compromise “for the simple reason that the injured plaintiff did not suffer any economic loss in that amount.” In this case, the trial court correctly reduced the jury verdict by the negotiated rate differential before making the section 998 comparison and concluding that the judgment obtained by defendants was more favorable than the offer to compromise for $1 million. Accordingly, the court affirmed the judgment.
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