Is a defendant entitled to tax costs for failing to accept expert witness testimony?

California, United States of America

The following excerpt is from Azoulay v. Valley View Med. Clinic Inc., G044942 (Cal. App. 2012):

Physical Therapy, Inc. The plaintiffs did not accept these offers. Under Code of Civil Procedure section 998, subdivision (c)(1), if the plaintiff does not accept a defendant's offer and then fails to obtain a more favorable judgment, the defendant may be entitled to reasonable expert witness expenses, in the court's discretion. We review the denial of a motion to tax costs for abuse of discretion. (Chaaban v. Wet Seal, Inc. (2012) 203 Cal.App.4th 49, 52.)

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