Anthony v. LiAnnotate this Case
In 2016, Anthony filed suit seeking to recover damages for personal injuries sustained in a car accident between him and Li. The parties unsuccessfully participated in voluntary private mediation and paid the requested fees. Anthony served a Civil Code 998 offer, seeking to compromise the action for $500,000.00, “each side to bear its own fees and costs.” Li did not accept. Li later made a section 998 offer to settle all claims against him for $175,001.00, with “each party bearing their own attorney fees and costs.” Anthony did not accept the offer. The parties jointly hired a court reporting service to record the trial proceedings. Counsel signed an agreement to share equally the fees for court reporting services. Anthony was billed and paid his share of court reporter fees. A jury returned a verdict finding Li negligent and awarding Anthony damages of $650,235.00., Anthony served a memorandum of costs for $83,048.06, seeking: $62,082.50 for section 998 post-offer expert witness fees; $2,650 for mediation fees, and $6,561.62 for court reporter fees. The court of appeal affirmed an order striking the motion. The parties agreed to share mediation and court reporter fees equally, without providing for the later recovery of those shared fees by a prevailing party.