Jackson Lewis: Prevailing Defendant Employer in California May Recover Fees Paid to Plaintiff's Expert Witness After Plaintiff Rejects Offer of Compromise | Practical Law
This Jackson Lewis, LLP memorandum discusses Chaaban v. Wet Seal, in which the defendant employer made an offer of compromise under Section 998(c) of the California Code of Civil Procedure, which the plaintiff rejected. The employer prevailed at trial and sought costs, including fees paid to plaintiff's expert witness. In a case of first impression, the California Court of Appeal held that a prevailing defendant can recover fees paid to the plaintiff's expert witness, if the plaintiff fails to achieve a more favorable judgment or award after rejecting the defendant's statutory offer of compromise.