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Jones v. Dumrichob

California Court of Appeal
63 Cal. App. 4th 1258 (1998)
ELI5:

Rule of Law:

A defendant's pretrial settlement offer under Code of Civil Procedure § 998 that consists of a waiver of costs, rather than a net monetary sum, can be a valid good faith offer. If the plaintiff rejects the offer and fails to obtain a more favorable judgment, the trial result constitutes prima facie evidence that the offer was reasonable, shifting the burden to the plaintiff to prove otherwise.


Facts:

  • Patricia A. Jones underwent a bunionectomy at Sutter Lakeside Hospital.
  • Anek Dumrichob, M.D., served as her anesthesiologist during the procedure.
  • Following the surgery, Patricia Jones noticed bruising on her upper legs and inner thighs.
  • She also discovered an unusual stain on her underwear.
  • Based on these observations, Patricia and Steven Jones alleged that Dumrichob had sexually battered her while she was under anesthesia.

Procedural Posture:

  • Patricia and Steven Jones filed a complaint against Sutter Lakeside Hospital and Anek Dumrichob, M.D., in California trial court.
  • Dumrichob served the Joneses with an offer to compromise under Code of Civil Procedure § 998, offering to allow judgment against him in exchange for a waiver of costs.
  • The Joneses rejected the offer.
  • The trial court granted summary judgment for Sutter Lakeside Hospital, dismissing it from the case.
  • The case against Dumrichob proceeded to a jury trial.
  • The jury returned a unanimous special verdict finding in favor of Dumrichob.
  • Dumrichob filed a memorandum of costs for $14,555.46, which included $5,440 for expert witness fees.
  • The Joneses filed a motion to tax costs, challenging the award of expert fees.
  • The trial court denied the Joneses' motion and awarded the costs to Dumrichob, finding the § 998 offer was valid and the costs were reasonable.
  • The Joneses (appellants) appealed the trial court's post-judgment order to the California Court of Appeal.

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Issue:

Does a defendant's pretrial settlement offer under Code of Civil Procedure § 998, which proposes only a waiver of costs, constitute a good faith offer that allows the defendant to recover expert witness fees if the plaintiff rejects the offer and subsequently loses at trial?


Opinions:

Majority - Ruvolo, J.

Yes, a defendant's pretrial settlement offer proposing only a waiver of costs can constitute a good faith offer under Code of Civil Procedure § 998. The purpose of § 998 is to encourage settlement, and offers must be 'realistically reasonable' and made in good faith, not as a mere token. Unlike nominal offers of $1, an offer to waive costs has significant monetary value because it eliminates the plaintiff's exposure to potentially large cost awards. The court found that Dumrichob's offer had a reasonable prospect of acceptance, especially given the eventual outcome of the case. The jury's unanimous verdict in favor of Dumrichob serves as prima facie evidence that his assessment of the case was realistic and his offer was reasonable. The burden then shifted to the Joneses to prove the offer was made in bad faith, which they failed to do, particularly by not providing the trial transcript on appeal.



Analysis:

This decision clarifies that a non-monetary offer, specifically a waiver of costs, can satisfy the 'good faith' requirement of California Code of Civil Procedure § 998. It reinforces the principle that the reasonableness of a § 998 offer is viewed in light of the circumstances at the time it was made, and a subsequent defense verdict strongly supports its reasonableness. This gives defendants who believe they have a strong case a powerful strategic tool: they can make a 'walk-away' offer and, if they prevail at trial, potentially recover significant expert witness fees from the plaintiff. The ruling places a substantial burden on a losing plaintiff to demonstrate that such an offer was merely a token or tactical ploy.

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