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MENEES v. ANDREWS

No. F044983.

19 Cal.Rptr.3d 664 (2004)

122 Cal.App.4th 1540

Robert MENEES et al., Plaintiffs and Appellants, v. Todd ANDREWS et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

October 13, 2004.

Attorney(s) appearing for the Case

Betts & Wright and James B. Betts, Fresno, for Plaintiffs and Appellants.

LeBeau—Thelen and Dennis R. Thelen, Bakersfield, for Defendant and Respondent Todd Andrews.

No appearance for Defendant and Respondent Bakersfield Municipal Hospital.

OPINION

DAWSON, J.

This is an appeal from that portion of a judgment which awards to respondent Todd Andrews, M.D. (Dr. Andrews), costs in the amount of $27,212.38 to reimburse him for expert witness fees. The trial court awarded these costs on the basis of Code of Civil Procedure section 998 (section 998), which provides in subdivision (c)(1):

"If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment...

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