Magic Words
A recent appellate decision is notable for two reasons. First, it has to be one of the shortest published opinions on record -- the text fits on one page. Second, it holds that when a Code of Civil Procedure section 998 offer includes the phrase, "each side to bear their own costs," the word "costs" includes any attorney fees available to the offeree as a prevailing party. The case is Martinez v. Los Angeles County Metropolitan Transportation Authority 2011 Cal.App. LEXIS 620 (2d Dist.).
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